19
the reparations stage, the victims. A clear manifestation of the will of the victim’s
next of kin in the powers of attorney submitted suffices to constitute sufficient
evidentiary material in this international jurisdiction. Thus, regardless of what it is
called -power of attorney, letter of attorney, authorization, or any other term-, any
document wherein the persons granting the power of attorney express their desire to
be represented is sufficient to be legitimate for this Court, which need not conform to
the formalities required by domestic laws. Those formalities are not exigible in an
international court of human rights (supra 42).
66.
The latitude in accepting the representation instruments has, however,
certain limits dictated by the use to which the representation will be put. First, the
instruments must clearly identify the party bestowing the power of attorney and
reflect a lucid and unambiguous manifestation of will. It must also name the person
to whom the power of attorney is being given and, finally, indicate in very specific
terms the purpose of the representation. In the opinion of this Court, instruments
that meet these requirements are valid and have full effect once submitted to the
Court.
67.
This Court considers that the powers granted on February 19 and May 22,
1998, are valid. The first became effective when the Center for Justice and
International Law (CEJIL) and the Instituto de Defense Legal (IDL) represented the
victim’s parents and filed the reparations brief. The second power of attorney also
became valid inasmuch as the parents ratified everything done under the first power
of attorney and because another member of the victim’s family, his sister, Mónica
Inés Castillo-Páez, was named as one of the parties granting power of attorney. In
this second power of attorney, the three parties granting it named the Center for
Justice and International Law (CEJIL), the Instituto de Defensa Legal (IDL), and
"Human Rights Watch/Americas" (HRW) as their representatives. Consequently,
Human Rights Watch/Americas has been co-representing the victim’s next of kin
since May 22, 1998.
VII
FACTS PROVEN DURING THE REPARATIONS STAGE
68.
To determine the reparations called for in the instant case, the Court will rely
primarily upon the facts established in the Judgment of November 3, 1997. During
this stage of the proceeding, the parties introduced new evidence to demonstrate the
existence of certain additional or supervening facts relevant to a determination of
reparations.
The Court has examined the arguments of the parties and the
corresponding evidence and considers the following facts proven:
A)
Concerning Ernesto Rafael Castillo-Páez:
a)
He was 22 years old at the time of his detention and subsequent
disappearance
(cf. the birth certificate of Ernesto Rafael Castillo-Páez);
sister
b)
At the time of his disappearance, he was living with his parents and
(Cf. birth certificate and voter registration booklet of Mr. Ernesto Rafael
Castillio-Páez; marriage certificate of Cronwell Pierre Castillo-Castillo and