78
265. In the instant case, the Court notes that the State awarded compensation for moral
damages in the contentious administrative proceedings, in accordance with the guidelines
established by domestic law to surviving victim Arturo Salgado Garzón, as well as to
eighteen children, seven spouses or companions, two mothers, three fathers, six sisters and
nine brothers257 of the eleven deceased victims.
266. In this regard, the Court appreciates the compensation granted in the contentious
administrative proceedings. Taking into consideration the representatives' statement that
"these damages awards were generally adequate”, the Tribunal considers that the State has
compensated the next of kin for the non-pecuniary damage sustained as a result of the
events of the Rochela Massacre, except for surviving victim Arturo Salgado Garzón, and for
Ms. Paola Martínez Ortiz and Ms. Blanca Herrera Suárez, companions of two of the deceased
victims.
267. Given the preceding paragraphs, it is appropriate for the Court to determine
compensation for non-pecuniary damages suffered by: the three abovementioned
individuals who did not receive adequate reparation in the contentious administrative
proceedings (supra para. 266); the twelve deceased victims, since they did not received an
award in the domestic proceedings for their own suffering; and those next of kin declared
victims who did not receive compensation at the domestic level and were not included in the
partial agreement on reparations.
268. First, with regard to Ms. Paola Martínez Ortiz and Ms. Blanca Herrera Suárez,
permanent companions of the victims Luis Orlando Hernández Muñoz and Samuel Vargas
Páez, respectively, they received less compensation in the domestic proceedings than that
granted to the wives married to other victims. In accordance with this Court’s jurisprudence
and Article 2(15) of its Rules of Procedure, it is necessary to grant them further
compensation for moral damages in order to equalize the awards granted, inasmuch as this
rule affords equal treatment to spouses and permanent companions. Therefore, the Court
fixes, in equity, an amount of US$ 30,000.00 each (thirty thousand United States Dollars or
its equivalent in Colombian currency) to Ms. Paola Martínez Ortiz and Blanca Herrera
Suárez.
257
The next of kin of the eleven deceased victims that received compensation for non-pecuniary damage
were: Nicolás Gutiérrez Morales and Sergio Andrés Gutiérrez Morales, children of Mariela Morales Caro; Hilda María
Castellanos, spouse, and María Azucena Hernández Castellanos, Aure Lissy Hernández Castellanos, Wilfredo
Hernández Castellanos, Jackeline Hernández Castellanos and Virgilio Alfonso Hernández Castellanos, children, and
Margarita María Hernández Serrano, Luis Alfonso Hernández Serrano, Norberto Hernández Serrano, Jesús Antonio
Hernández Serrano and Bertha Maria Hernández Serrano, brothers and sisters of Virgilio Hernández Serrano;
Elizabeth Zapata de Castillo, mother, and Alonso Castillo Mayoral, father of Carlos Fernando Castillo Zapata; Luz
Marina Poveda León, spouse, and Sandra Paola Morales Póveda and Cindy Vanessa Morales Póveda, daughters of
César Augusto Morales Cepeda; Mariela Rosas Lozano, spouse, and Marlon Andrés Vesga Rosas, son of Gabriel
Enrique Vesga Fonseca; Paola Martínez Ortiz, companion, and Daniel Ricardo Hernández Martínez and Julián
Roberto Hernández Martínez, sons of Luis Orlando Hernández Muñoz; José Patrocinio Morales, father, and José
Roberto Morales Cárdenas, José Gustavo Morales Cárdenas, Luz Marina Morales Cárdenas, María Cecilia Morales
Cárdenas and Jaime Morales Cárdenas, brothers and sisters of Orlando Morales Cárdenas; Luís Elias Guasca
Barahona, father, Carmen Julia Castro de Guasca, mother, and María Esperanza Guasca Castro, Olimpo Luís Alirio
Guasca Castro, Sócrates Vesalio Guasca Castro, Aristóteles Onásis Guasca Castro and Suevia Faryde Guasca
Castro, brothers and sisters of Benhur Guasca Castro; Blanca Herrera Suárez, companion, and Germán Vargas
Herrera, Erika Esmeralda Vargas Herrera and Carlos Arturo Vargas Herrera, brothers and sister of Samuel Vargas
Páez; Esperanza Uribe Mantilla, spouse, and Pablo Andrés Beltrán Uribe and Alejandra Maria Beltrán Uribe, son and
daughter of Pablo Antonio Beltrán Palomino; and Luz Nelly Carvajal Londoño, spouse, and Anggie Catalina Monroy
Carvajal, daughter of Yul Germán Monroy Ramírez.
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