142
have been victims of forced internal displacement (supra para. 189), as victims of
abridgment of the right embodied in Article 22(1) of the American Convention, in
combination with Articles 4(1), 5(1), 19 and 1(1) of that same Convention; all the
boys and girls who are next of kin of the individuals who were executed or made to
disappear and/or who have suffered displacement, as victims of abridgment of the
right embodied in Article 19 of the American Convention, in combination with Articles
22(1), 4(1), 5(1) and 1(1) of that same Convention (supra para. 163). All of them
will be entitled to the reparations set by the Court, with regard to non-pecuniary
and/or pecuniary damages.
257. The next of kin of the victims will be entitled to the reparations set by the
Court, as victims themselves of the violations found regarding the Convention, as
well as of those set by the Court as injured parties due to the violations committed
against the approximately 49 victims recognized by the State. In this regard:
a) in accordance with its jurisprudence,279 this Court deems that the next of kin
of the victims referred to in a document issued by a competent authority –a
birth certificate, death certificate, or identification card-, or those recognized
as such in domestic proceedings, have been identified; and
b) with regard to the other next of kin who have not been adequately identified
or at least individually listed in this proceeding, the Court deems that the
compensation due to each must be granted in the same manner set forth with
regard to those who have been duly identified, in the understanding that they
must appear before the official mechanisms that will be established for this
purpose, in accordance with the instant Judgment (infra para. 311), within 24
months of when it was notified, and they must prove their relationship or
kinship with the victim, through sufficient means of identification or by means
of two attesting witnesses, as the case may be.280
258. On the other hand, this Court must mention that the evidence supplied by the
representatives and by the Commission, as well as the evidence requested by the
Court to facilitate adjudication, refers to other next of kin who could be victims of
displacement and of abridgment of the right to humane treatment and of the rights
of the child. For example, the children of Luz Mery Pinzón López; Elvina or Elsy
Delfina Vaca, mother of Omar Patiño Vaca and Eliécer Martínez Vaca; the four
children of Zuli Herrera Contreras, as well as the five children of Viviana Barrera. The
Court does not know why the representatives did not mention said persons as
beneficiaries of the reparations and did not supply enough evidence for the Court to
individually identify them, if that were the case. Therefore, these victims will be able
to resort to the official mechanism established for them to receive the respective
(infra para. 311).
279
See Case of the Moiwana Community, supra note 4, para. 178, and Case of the Plan de Sánchez
Massacre. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of November 19,
2004. Series C No. 116, para. 63.
280
See Case of the Moiwana Community, supra note 4, para. 178, and Case of the Plan de Sánchez
Massacre. Reparations, supra note 279, para. 67.
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