130
necessary to identify themselves and prove their relationship to the competent State
authorities, within 24 months of notification of this judgment.264
359. The compensation for pecuniary and non-pecuniary damage will
distributed among the next of kin of the persons deprived of life as follows:265
be
(a)
Fifty per cent (50%) of the compensation will be shared in equal parts
between the victim’s children and the other fifty per cent (50%) of the
compensation will be delivered to the person who was the spouse or
permanent companion of the victim at the time he or she was deprived of life;
(b)
In the case of a victim who had no children, spouse or permanent
companion, the compensation will be distributed as follows: fifty per cent
(50%) will be awarded to his/her parents. If one of them is deceased, the
corresponding part will be added to the part awarded to the other. The other
fifty per cent (50%) will be shared equally among the victim’s siblings, and
(c)
Should a victim have no next of kin in any of the categories defined in
the preceding subparagraphs, the amount that would have corresponded to
the next of kin in these categories will correspond proportionately to the part
corresponding to the others.
360. In accordance with these observations, the Court considers that the injured
parties are the persons who were executed and their next of kin who have been
identified in this proceeding, as victims of the violation of Articles 4 and 5(1) of the
Convention, and who are indicated in Appendix I of this judgment.
361.
Also, for the effects of this case, the following are considered injured parties:
(a)
Wilmar de Jesús Restrepo Torres, Jorge Correa Sánchez, Omar Daniel
Pérez Areiza, José Leonel Areiza Posada and Marco Aurelio Areiza Posada, as
victims of the violation of Article 19 (Rights of the Child) of the Convention, in
relation to Articles 1(1) (Obligation to Respect Rights), 4(1) (Right to Life)
and 5(1) (Right to Humane Treatment) thereof;
(b)
Alberto Lopera, Argemiro Echavarría, Eduardo Rua, Eulicio García,
Francisco Osvaldo Pino Posada, Gilberto Lopera, José Luis Palacio, Libardo
Carvajal, Milciades De Jesús Crespo, Noveiri Antonio Jiménez Jiménez, Omar
Alfredo Torres Jaramillo, Ricardo Barrera, Rodrigo Alberto Mendoza Posso,
Román Salazar and William Chavarría, as victims of the violation of Articles 5
(Right to Humane Treatment), 6 (Freedom from Slavery) and 7 (Right to
Personal Liberty) of the Convention, in relation to Article 1(1) (Obligation to
Respect Rights) thereof, and also Tomás Monsalve and Felipe “Pipe” Gomez,
as victims of the violation of Articles 5 (Right to Humane Treatment) and 6
(Freedom from Slavery) of the Convention, in relation to Article 1(1)
264
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 237; Case of the Moiwana Community,
supra note 12, para. 178; and Case of the Plan de Sánchez Massacre. Reparations (Art. 63(1) American
Convention on Human Rights). Judgment of November 19, 2004. Series C No. 116, para. 67.
265
Cf. Case of Baldeón García, supra note 5, para. 182; Case of the Pueblo Bello Massacre, supra
note 9, para. 240; and Case of Blanco Romero et al., supra note 5, para. 72.
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