129
(b)
Marco Aurelio Areiza Osorio and Elvia Rosa Areiza Barrera, as victims
of the violation of the right to humane treatment established in Article 5(1)
(Right to Humane Treatment) of the Convention, in relation to Article 1(1)
(Obligation to Respect Rights) thereof;
(c)
Jairo de Jesús Sepúlveda Arias, Marco Aurelio Areiza Osorio and Elvia
Rosa Areiza Barrera, as victims of the violation of the right to personal liberty
enshrined in Article 7(1) (Right to Personal Liberty) of the Convention, in
relation to Article 1(1) (Obligation to Respect Rights) thereof, and regarding
whom the Court also determined the violation of their right to humane
treatment established in Article 5(1) of the Convention, in relation to Article
1(1) (Obligation to Respect Rights) thereof (supra para. 269); and
(d)
Bernardo María Jiménez Lópera, Francisco Osvaldo Pino Posada,
Libardo Mendoza, Luis Humberto Mendoza, Omar Alfredo Torres Jaramillo and
Ricardo Alfredo Builes Echeverry, as victims of the violation of the right to
property embodied in Article 21(1) (Freedom of Movement and Residence) of
the Convention, in relation to Article 1(1) (Obligation to Respect Rights)
thereof, and regarding whom the Court also determined the violation of their
right to humane treatment established in Article 5(1) of the Convention, in
relation to Article 1(1) (Obligation to Respect Rights) thereof (supra para.
270).
356. Furthermore, the Court considers that the immediate next of kin of the 19
victims executed are also injured parties as victims of the violation of the rights
embodied in Articles 5(1) (Right to Humane Treatment) (supra para. 265), 8 (Right
to a Fair Trial) and 25 (Right to Judicial Protection) of the American Convention
(supra para. 344), in relation to Article 1(1) (Obligation to Respect Rights) thereof.
Their relationship has been determined by a document issued by the competent
authority proving this, such as a birth certificate or a baptismal certificate, death
certificate or identity card, or by acknowledgement of this relationship in the
domestic proceedings.262
357. The next of kin of the victims are beneficiaries of the reparations established
by the Court for non-pecuniary and/or pecuniary damage as victims of the violations
of the Convention that have been declared, and also of the reparations established
by the Court as successors of the 19 victims deprived of their life.263
358. Regarding the immediate next of kin, concerning whom no official
documentation has been submitted or the documentation submitted does not confirm
the relationship, the Court establishes that the compensation that corresponds to
them for the non-pecuniary damage suffered will conform to the parameters
established for the next of kin of the victims who have been duly identified (supra
para. 356 and 357 and infra para. 359), provided they submit the official information
262
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 237; Case of the “Mapiripán
Massacre”, supra note 8, para. 257; and Case of the Moiwana Community, supra note 12, para. 178.
263
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 236.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents