members of the family, especially those who were in close affective contact with the
victim.”338 In addition, the Court has found that the suffering and death of a person causes
non-pecuniary damage to their sons, daughters, spouse or permanent companion, mother
and father, which does not need to be demonstrated.339
288. Based on its case law, and taking into consideration the circumstances of the instant
case, the violations committed, the suffering caused, the time elapsed, the denial of justice,
as well as the change in their living conditions, the proven effects on the personal integrity
of the next of kin of the victims, and the other consequences of a non-pecuniary nature
suffered, the Court establishes, in equity, the following amounts in United States dollars in
favor of the victims, as compensation for non-pecuniary damage:340
a) For the seven deceased victims, the sum of US$20,000.00 (twenty thousand United
States dollars), which must be delivered to their heirs in accordance with the
provisions of paragraph 298 of this Judgment;
b) For the 10 surviving victims who were injured, the sum of US$16,500.00 (sixteen
thousand five hundred United States dollars);
c) For the four surviving victims who were not injured, the sum of US$10,000.00 (ten
thousand United States dollars);
d) For Sylvie Felizor who was pregnant at the time of the events, and Roland Israel, who
was a minor, the additional sum of US$2,000.00 (two thousand United States
dollars), and
e) For the next of kin of the deceased victims, the additional sum of US$7,000.00
(seven thousand United States dollars) to each son/daughter, father, mother, spouse
or permanent companion; of US$5,000.00 (five thousand United States dollars) to
each sibling and one grandmother of a victim (see Annex A).
289. The distribution of the amounts indicated in paragraphs 284 to 288(a) shall be made
within one year of notification of this Judgment, as follows:
a) Fifty per cent (50%) of the compensation shall be shared, in equal parts, between the
victims’ children. If one or several of the children are deceased, the part that would
have corresponded to them will increase that of the other children of the same
victim;
b) Fifty per cent (50%) of the compensation shall be delivered to the person who was
the victim’s spouse or permanent companion at the time of his or her death;
c) In the event that there are no family members in any of the categories defined in the
preceding subparagraphs, the corresponding amount shall increase the part that
corresponds to the other category;
d) If the victim did not have children or a spouse or a permanent companion, the
compensation for pecuniary damage shall be delivered to his or her parents; and
338
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of
May 25, 2001. Series C No. 76, para. 106, and Case of Chitay Nech et al. v. Guatemala, supra, para. 276.
339
This criterion has been indicated in other cases, also with regard to daughters, sons, spouse or permanent
companion, mother and father, among others. Cf. Case of the Pueblo Bello Massacres v. Colombia, supra, para.
257; Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006. Series C
No. 153, para. 159, and Case of Chitay Nech et al. v. Guatemala, supra, para. 276.
340
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, supra,
para. 84, and Case of Vélez Restrepo and family members v. Colombia, supra, para. 299.
74
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