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b) at the time of their disappearance, two of the victims were minors: Diego
Armando Martínez Contreras and Hugo Fernando Martínez Contreras. Therefore,
it must be assumed that the suffering caused by the facts in this case was
especially intense with regard to said minors. For this reason, compensation for
the harm mentioned in the previous paragraph must be set in fairness, adding
US$ 10,000.00 (ten thousand United States dollars), which will accrue to the
aforementioned amount;
c) some of the next of kin who personally suffered the facts in the massacre
have been identified and have been declared victims of violation of their right to
humane treatment, which must be taken into account. While it is impossible for
the Court to clearly establish which next of kin of the victims, whether or not
they have been individually identified, were in Mapiripán during the days in which
the facts took place, it is reasonable to assume that under the circumstances of
this case all the next of kin have deeply suffered the damage caused by the grief
of losing a beloved one. Furthermore, said next of kin have suffered violations of
the right to fair trial and the right to judicial protection; moreover, one of the
objectives of the massacre was to terrorize the inhabitants, and this has led
many of the next of kin to avoid filing complaints regarding what happened, to
date (supra para. 96.47 and 96.175). Likewise, the Court takes into account that
the remains of the vast majority of the victims have not been identified and
delivered to their next of kin; only the next of kin of Sinaí Blanco Santamaría and
José Rolan Valencia were able to bury the remains of their beloved one.
Therefore, the Court deems that the harm caused must be compensated by
payment, in favor of each next of kin, of the following amounts:
i.
US$ 50,000.00 (fifty thousand United States dollars) in the case of the
mother, the father, the spouse or spouse or the common-law spouse and of
each son and daughter;
ii.
US$ 8,500.00 (eight thousand five hundred United States dollars) in
the case of sister or brother; and
iii.
in addition to these amounts, US$ 5,000.00 (five thousand United
States dollars) will be paid to those who were boys and girls at the time of the
massacre and lost beloved ones, as said suffering increased due to their
situation as minors and the lack of protection by the State.
289. The Court will apply the provision set forth in the chapter on beneficiaries to
the next of kin of the victims who have not been individually identified in this
proceeding, which is that to receive the respective payments they must appear
before the officials in charge of the official mechanism established for that purpose,
within 24 months of the date when the State notifies them that their next of kin has
been individually identified, and they must prove their relationship to or kinship with
the victim, by means of adequate identification or of two attesting witnesses, as
were the case (supra para. 257.b)).
290. Based on the above, compensation for non-pecuniary damages due to the
violations found in the instant case, in favor of the victims who were individually
identified and their next of kin, will be as follows:
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