k)
José Carlos Trujillo Oroza’s next of kin have been represented before
the Commission and the Court by the Center for Justice and International Law
(CEJIL)26.
VI
BENEFICIARIES
54.
The Court will now proceed to determine who should be considered the
“injured party” in the terms of Article 63(1) of the American Convention. Since the
violations of the Convention that the Court established in its judgment of January 26,
2000, were committed against José Carlos Trujillo Oroza and his next of kin, the
latter should be considered to be included in the category of “injured party” and be
owed the reparations established by the Court, with regard to both pecuniary
damages, if applicable, and non-pecuniary damages.
55.
The next of kin of the victim, José Carlos Trujillo Oroza, who were officially
recognized by this Court are: his mother, Antonia Gladys Oroza de Solón Romero,
his adoptive father or stepfather, Walter Solón Romero Gonzales, and his brothers27,
Pablo Erick and Walter, both of them Solón Romero Oroza. There is no dispute with
regard to the status as beneficiaries of these persons (supra para. 53.f). The Court
considers that recognizing them this status concords with the jurisprudence of the
Court. Moreover, the same persons are also victims of the violation of Articles 5(1),
5.2, 8(1) and 25 of the Convention, as stated in the judgment on merits.
56.
The Court has indicated, and repeats, that the right to compensation for the
damage suffered by the victims up until the time of their death is transmitted by
succession to their heirs. As this Court has stated:
[i]t is a norm common to most legal systems that a person's successors are his or her
children. It is also generally accepted that the spouse has a share in the assets acquired
during a marriage; some legal systems also grant the spouse inheritance rights along
with the children. If there is no spouse or children, private common law recognizes the
ascendants as heirs. It is the Court's opinion that these rules, generally accepted by the
community of nations, should be applied in the instant case, in order to determine the
victims' successors for purposes of compensation28.
57.
Furthermore, the damage caused to the victim’s next of kin or to third
parties, owing to the death of the victim, may be claimed in their own right29. With
regard to these claimants, the onus probandi corresponds to them, understanding
the term “victim’s next of kin” in accordance with Article 2(15) of the Rules of
Procedure adopted by the Court in the
26
cf. special power of attorney granted by Gladys Oroza de Solón Romero to Viviana Krsticevic,
Raquel Aldana-Pindell, María Claudia Pulido and José Miguel Vivanco (attachment 8 to the application);
and actions of the holders of the powers of attorney that appear in the file before the Court.
27
Pablo Erick and Walter, both Solón Romero Oroza, are José Carlos Trujillo Oroza’s maternal halfbrothers.
28
Aloeboetoe et al. case. Reparations (Article 63(1), American Convention on Human Rights).
Judgment of September 10, 1993. Series C No. 15, para. 62. Similarly, cf. The “Street Children” case
(Villagrán Morales et al.). Reparations, supra note 3, para. 67; The “White Van” case (Paniagua Morales et
al.). Reparations, supra note 4, para. 84; and Neira Alegría et al. case. Reparations (Article 63(1),
American Convention on Human Rights). Judgment of September 19, 1996. Series C No. 29, para. 60.
29
cf. The “Street Children” case (Villagrán Morales et al.). Reparations, supra note 3, para. 68; The
“White Van” case (Paniagua Morales et al.). Reparations, supra note 4, para. 85; and Castillo Páez case.
Reparations (Article 63(1), American Convention on Human Rights). Judgment of November 27, 1998.
Series C No. 43, para. 59.