Asteazú, Ms. Maidanik, Ms. Reyes and Ms. Raggio. Nevertheless, the Court considers it
reasonable to assume that such expenses do exist. The Court, however, does not have
elements to determine which family members made the disbursements or, if so, the
proportion in which each one of them assumed the expenses. 296 The Court, therefore,
deems it appropriate, in equity, to set a compensation for each family group of USD
15,000.00 (fifteen thousand United States dollars). This amount is to be divided equally
among each of the members of each family group who, being the next of kin of the five
victims, are, in turn, victims declared in this judgment. Therefore:
a) the next of kin of Diana Maidanik are due USD 7,500.00 (seven thousand five
hundred United States dollars) for each of the following persons: Mónica Raquel
Wodzislawski and Flora Potasnik;
b) the next of kin of Laura Raggio are due USD 5,000.00 (five thousand United States
dollars) for each of the following persons: Marta Odizzio de Raggio, Horacio Enrique
Raggio Odizzio and Daniel Raggio Odizzio;
c) the next of kin of Silvia Reyes are due USD 2,500.00 (two thousand five hundred
United States dollars) for each of the following persons: Arturo Ricardo Reyes Gaetán,
Celia Natividad Sedarri Aparicio, Estela Reyes Sedarri, Washington Barrios, Hilda
María Fernández Rodríguez and Jaqueline Barrios Fernández;
d) the next of kin of Óscar Tassino Asteazu are due USD 3,750.00 (three thousand
seven hundred fifty United States dollars) for each of the following persons: Disnarda
Ema Flores Soler de Tassino; Karina Teresa Tassino; Javier Tassino and Álvaro Luis
Tassino, and
e) the next of kin of Luis Eduardo González González are due USD 7,500.00 (seven
thousand five hundred United States dollars) for each of the following persons: Amalia
González de González and Elena Zaffaroni Rocco.
276. Regarding pecuniary damage, lost wages (income that was not received due to
the declared human rights violations) should be indemnified. It is not appropriate to
assign this item to the next of kin of the three women who suffered violent deaths
because of the effective date of the Court’s jurisdiction. It is, however, appropriate with
respect to Mr. Tassino Asteazú and Mr. González González. The Court, in equity, taking
into consideration their ages when they disappeared, establishes the following amounts
of compensation: (a) for Óscar Tassino Asteazú, USD 180,000.00 (one hundred eighty
thousand United States dollars); b) for Luis Eduardo González González, USD
280,000.00 (two hundred eighty thousand United States dollars).
277. Finally, there remains to be set compensation for non-pecuniary damages, which
are appropriate for the next of kin of Ms. Maidanik, Ms. Reyes and Ms. Raggio. Due to
the effective date of its jurisdiction, the Court has not declared violations of human rights
to the detriment of those three, but it has found harm to the detriment of their next of
kin (supra paras. 182 and 19). It is also appropriate for Mr. Tassino Asteazu, Mr.
González González and their next of kin. The Court, in equity, taking into consideration
the family relationship with each of those five victims, establishes the amounts of
compensation for each of the victims for the concept of non-pecuniary damages, as
follows:
Nonetheless, the Court considers that it is not reasonable to assume that Washington Javier Barrios
Fernández, who, according to the representative, is disappeared (supra footnote 41), had such expenses.
Therefore, it is not proper to assign to him a monetary amount for this concept.
296
72