59
v)
b)
besides the satisfaction consisting in the investigation and punishment
of those responsible for the death of Mr. Almonacid-Arellano, the Court
should instruct the State to:
i)
ii)
iii)
141.
make full and adequate reparation to Mr. Almonacid-Arellano’s
next of kin, including any compensation additional to those
already obtained by the family, which may be deemed relevant,
for pecuniary and moral damage; as well as the legal costs and
expenses incurred by the victims in processing the case at the
domestic level and those incurred in processing the instant case
before the Inter-American system.
acknowledge the impunity that has prevailed in the instant case
and the obstacles that hindered the realization of justice for
many years, including a public, worthy, and significant apology,
all of it in consultation with the victim’s next of kin;
publicly announce the outcome of the internal investigation and
punishment proceedings, in order to endorse the right to know
the truth of Mr. Almonacid-Arellano’s next of kin and of the
Chilean society as a whole, and
adopt the necessary measures to have the decision of the Court
published for didactic purposes.
Arguments of the representative
a)
“it is not in the interest of Mr. Almonacid-Arellano’s next of kin to
obtain pecuniary benefits.” Their interest lies in achieving justice.
“Reparations should be preventive, and prevention entails not only
punishing those who are guilty and knowing the truth, but also
awarding pecuniary compensation for the damage caused to the
victims. To [the victims’ next of kin] that is the least important issue
[,] indeed, […] if the Chilean State accepts and acquiesces to the
application filed by the Inter-American Commission on Human Rights,
they waive any compensation, because what they are interested in is
truth and justice, and, of course, the punishment of those who are
guilty;”
b)
he acknowledges that Mrs. Gómez-Olivares, since March 1992 has
been receiving a pension, which initially neared $56,000.00 (fifty-six
thousand Chilean pesos) and currently amounts to $347,321.00 (three
hundred forty- seven thousand three hundred and twenty-one Chilean
pesos) per month. He further acknowledges that, at the beginning of
2005, Mr. Almonacid-Arellano’s children, Alfredo, Alexis, and José Luis
Almonacid-Gómez received a single payment of $10,000,000 (ten
million Chilean pesos) each. It is also true that the youngest of them,
José Luis, pursued his studies with a State scholarship;
c)
the foregoing amounts and the scholarship received result from the
murder of Mr. Almonacid-Arellano, but they do not constitute the
reparation that arises from this international action, that is to say, the
one derived from the denial of justice, inasmuch as it entails moral
damage for the “unquantifiable” effort made during 23 years to seek
justice;
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