143
259. Distribution of compensation amongst the next of kin of the victims who were
executed or made to disappear, for pecuniary and non-pecuniary damages, will be as
follows:281
a)
fifty percent (50%) of the compensation will be divided in equal parts
among the victims’ children. The stepdaughters and stepson of Gustavo
Caicedo Rodríguez, that is, Yur Mary Herrera Contreras, Zuli Herrera
Contreras and Rusbel Asdrúbal Martínez Contreras, and the stepdaughter of
Sinaí Blanco Santamaría, Carmen Johanna Jaramillo Girlado, who lived or had
lived under the same roof as their stepfathers and had close, affectionate
relations with them, will be treated as their daughters and son for purposes of
their participation in the distribution of the compensation;
b)
fifty percent (50%) of the compensation will be given to the spouse,
spouse or common-law spouse of the victim when he or she died or
disappeared. In the case of the spouse and common-law spouse of Sinaí
Blanco Santamaría (supra para. 97.138 and 97.139), the respective
compensation will be divided in equal parts;
c)
if the victim had no children, spouse, spouse or common-law spouse,
the compensation will be divided as follows: fifty percent (50%) will be given
to the parents. If one of them is deceased, the respective part will accrue to
the other. The remaining fifty percent (50%) will be divided in equal parts
among said victim’s siblings; and
d)
if there are no next of kin in one or several of the categories defined in
the subparagraphs above, the part that would have been allocated to the next
of kin in that category or categories will proportionally accrue to their part of
the remaining categories.
260. If the next of kin of the victims, entitled to the compensation ordered in the
instant Judgment, are deceased, and they die before they received the respective
compensation or if they are identified afterwards, the same criteria for distribution of
the compensation stated in the previous paragraph will apply.
261. Based on what has been stated above, the names and particulars of the
victims and their next of kin who have been individually identified in this proceeding
are those listed in the following table:
281
1
José Rolan Valencia (victim)
2
Marina Sanmiguel Duarte (spouse)
3
Nadia Marina Valencia Sanmiguel (daughter)
4
Yinda Adriana Valencia Sanmiguel (daughter)
5
Johanna Marina Valencia Sanmiguel (daughter)
6
Roland Andrés Valencia Sanmiguel (son)
7
Ronald Mayiber Valencia Sanmiguel (son)
See Case of the 19 Tradesmen, supra note 190, para. 230, and Case of the Caracazo. Judgment
of November 11, 1999. Series C No. 58, para. 91.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents