51
seriously affected the cohesion of his recently-formed family. Dealing with this
damage has involved expenditure for Mario Arturo López Arrivillaga, related, inter
alia, to his personal security and mental health. He still suffers from the anxiety of
being ambushed or executed.112
7.
Ricardo San Pedro Suárez
76(91) Ricardo San Pedro Suárez worked in “El Gráfico” from 1977 to 1996. He
founded the UCN, together with Mr. Carpio Nicolle. He had been a friend of Jorge
Carpio Nicolle and his family for many years.113
76(92) He has been affected psychologically and emotionally, at the personal and
the family level, by the death of Jorge Carpio Nicolle and by the attack of July 3,
1993, which he witnessed firsthand.114
The legal representation of the alleged victims and the corresponding expenses
76(93) The alleged victims have been represented by national lawyers in the
domestic sphere and by CEJIL in the proceedings before the Commission and the
Court, so that some of the alleged victims and CEJIL incurred a series of expenses
related to these measures.115
VIII
MERITS
Considerations of the Court
77.
The Court considers that, in the instant case, the body of evidence provides
sufficient proof to conclude that the extrajudicial execution of Jorge Carpio Nicolle
was politically motivated.
78.
Furthermore, the Court considers that, during the domestic proceedings in
this case, there was continual obstruction of the investigations by State agents and
112
Cf. testimonial statement made by Mario Arturo López Arrivillaga before notary public on June 15,
2004 (brief on merits, reparations, and costs, tome II, folios 592 to 596).
113
Cf. testimonial statement made by Ricardo San Pedro Suárez before notary public on June 15,
2004 (brief on merits, reparations, and costs, tome II, folio 571).
114
Cf. testimonial statement made by Ricardo San Pedro Suárez before notary public on June 15,
2004 (brief on merits, reparations, and costs, tome II, folio 572).
115
Cf. testimony of Martha Arrivillaga de Carpio before the Inter-American Court during the public
hearing held on July 5, 2004; testimony of Karen Fischer before the Court on July 5, 2004; copy of the
domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix
1, 15 tomes); copies of various judicial procedures in the domestic proceeding (file with appendixes to the
application, appendix 20, tome II, vol. 2, folios 1049 to 1218); and documents supporting the expenditure
incurred by CEJIL (brief on merits, reparations, and costs, tome I, appendixes 10 to 14 to the requests
and arguments brief, folios 269 to 287).
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