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owed to the victims’ next of kin or to injured third parties for causing the victims’
death are an inherent right that belongs to the injured parties.
51.
In the instant case, the following relatives of Adolfo Garrido have claimed
material or moral damages:
His mother:
His siblings:
Rosa Sara Calderón,
Esteban Garrido,
Ana Benita Garrido,
Samuel Garrido,
Moisés Garrido,
Sara Rosa Garrido,
Rita Garrido.
52.
The Court considers that the mother of Adolfo Garrido, Ms. Rosa Sara
Calderón, is her son’s heir. The victims’ siblings are regarded as his family and shall
be entitled to indemnities to the extent that they satisfy the requirements
established by the jurisprudence of this Court.
53.
As for Raúl Baigorria, his four siblings have presented themselves as his heirs.
Their names are:
Ricardo Baigorria,
Sara Esther Baigorria,
Roberto Baigorria,
Osvaldo Baigorria.
54.
Mr. Baigorria’s police record, introduced into evidence before this Court,
shows that he had two children born out of wedlock. In effect, a report from the
Mendoza prison authorities concerning a request that the victim - an inmate at the
time - made in 1987 for a private visit from a Ms. Juana del Carmen Gibbs indicates
that Mr. Raúl Baigorria stated that he had a seven-year-old child from a previous
union, and a three-year-old child by Ms. Gibbs, and that he intended to acknowledge
the second child as his own.
55.
Irregardless of whether the statements made by Mr. Raúl Baigorria and
recorded by an administrative official are valid under domestic law (supra 40, para.
42), the obligation contained in Article 63(1) of the Convention is an obligation under
international law. The Court believes that the statement made by Mr. Raúl Baigorria
implied an acknowledgment of his two natural children. One characteristic of
international law is that no particular formalities are required to make an act valid;
even oral statements are valid under the law of nations (Legal Status of the Southeastern Territory of Greenland, Judgment, 1933, P.C.I.J., Series A/B, No. 53, p. 71).
56.
Consequently, the Court considers that Mr. Raúl Baigorria’s two natural
children are his heirs. The victims’ siblings are family and will have the right to
receive compensation to the extent that they meet the requirements already
established by this Court’s case law.
57.
The Court had requested the cooperation of the two parties to this dispute
and that of the victim’s family to find Mr. Raúl Baigorria’s natural children. However,
the request produced no results and the responses received confined themselves to
pleading bureaucratic inconveniences. The Court now decides that Argentina has a