Walter David
Bulacio
Graciela Rosa
Scavone
María Ramona
Armas de
Bulacio
Lorena Beatriz
Bulacio
TOTAL
Reparations for pecuniary damage
Lost earnings/
Burial expenses
Damage to
39
Family Estate
US$100,000.00
US$7,000.00
US$3,000.00
Total
US$100,000.00
US$10,000.00
US$7,000.00
US$7,000.00
US$7,000.00
US$7,000.00
US$124,000.00
children, spouses and parents must receive the compensation.57 This Court points
out that in the instant case, the victim was an adolescent and had neither children
nor spouse; therefore, the compensation must be given to his parents. It has been
proven before this Court that Víctor David Bulacio, the victim’s father, has died
(supra 69.7), and therefore compensation must be paid in full to the mother of the
victim, Graciela Rosa Scavone, since pursuant to the criteria set forth by this Court,
“[i]f one of the parents has died, his or her part will accrue to that of the other.” 58
86.
The criteria set forth regarding the beneficiaries of compensation for
pecuniary damage in the previous paragraph will also be applied to distribution of
compensation for non-pecuniary damage (infra 103).
b)
Consequential damage
87.
With respect to the expenses incurred by the next of kin of Walter David
Bulacio for his burial, regarding which they did not contribute evidence, this Court
deems it appropriate for the mother of the victim, Graciela Rosa Scavone, to receive
US$3,000.00 (three thousand United States dollars).
c)
Damage to Family Estate
88.
This Court also notes that the next of kin of the victim lost their jobs or the
possibility of conducting their daily activities due to the change in their personal
circumstances because of the facts referred to in the instant case. They also
incurred medical expenses to address the various ailings caused by these facts.
Neither the representatives nor the Commission estimated the expenses involved by
all this. The Court deems it fair to set the damage to the family estate at
US$21,000.00 (twenty-one thousand United States dollars), which must be
distributed in equal parts to Lorena Beatriz Bulacio, Graciela Rosa Scavone and María
Ramona Armas de Bulacio.
89.
Based on all the above, the Court sets the following amounts as compensation
for pecuniary damage for the violations found:
B) NON-PECUNIARY DAMAGE
57
Cf., Juan Humberto Sánchez Case, supra note 4, para. 164; and El Caracazo Case, Reparations,
supra note 5, para. 91.
58
Cf., El Caracazo Case, Reparations, supra note 5, para. 91.c).
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