28
3. José Carlos Huilca Flores, son of Pedro Huilca Tecse and Martha
Flores Gutiérrez;
4. Indira Isabel Huilca Flores, daughter of Pedro Huilca Tecse and
Martha Flores Gutiérrez;
5. Flor de María Huilca Gutiérrez, daughter of Pedro Huilca Tecse;
6. Pedro Humberto Huilca Gutiérrez, son of Pedro Huilca Tecse;
7. Katiuska Tatiana Huilca Gutiérrez, daughter of Pedro Huilca Tecse;
and
8. Julio César Escobar Flores, son of Martha Flores Gutiérrez, who
lived with her and with Pedro Huilca Tecse until the time of the
latter’s death.
92.
The Court observes that the agreement reached by the parties is compatible
with the American Convention and the case law of the Court;29 it therefore endorses
this point of the agreement. The Court understands, and the agreement on the
methods and time limits for complying with the reparations reiterates (supra para.
28), that these persons must be considered beneficiaries of reparations in their
capacity as successors of Pedro Huilca Tecse, on the one hand, and as direct victims
of the violation of the rights to a fair trial and to judicial protection, as established in
this judgment (supra, para. 83), on the other hand. Consequently, the Court
considers that Martha Flores Gutiérrez, José Carlos Huilca Flores, Indira Isabel Huilca
Flores, Flor de María Huilca Gutiérrez, Pedro Humberto Huilca Gutiérrez, Katiuska
Tatiana Huilca Gutiérrez and Julio César Escobar Flores should be considered
beneficiaries of reparations, for these two reasons.
*
C)
*
*
Pecuniary damage
93.
In this section, the Court will refer to pecuniary damage, which usually
presumes the loss or harm to the victim’s income, the expenses incurred owing to
the facts and the consequences of a pecuniary nature that have a causal link to the
facts of the case sub judice,30 for which, when appropriate, it establishes a
compensatory amount that seeks to compensate the patrimonial consequences of
the violations that have been declared in the judgment. To this end, the Court will
take into account the agreement on the methods and time limits for complying with
the reparations, the Court’s case law, and the arguments of the parties.
94.
In the section of the agreement on the methods and time limits for complying
with the reparations entitled “Measures of financial compensation,” the State
undertakes to pay the sum of US$20,000.00 (twenty thousand United States dollars)
to Martha Flores Gutiérrez, for the pecuniary damage caused as a result of the
extrajudicial execution of her companion, Pedro Huilca Tecse.
95.
The Court observes that the agreement reached by the parties is compatible
with the American Convention and with the Court’s case law, and therefore endorses
29
Cf. Case of Carpio Nicolle et al., supra note 22, para. 97; Case of the Plan de Sánchez Massacre.
Reparations, supra note 23, paras. 61 and 62; and Case of De La Cruz Flores, supra note 25, para. 146.
30
Cf. Case of the “Juvenile Reeducation Institute”, supra note 7, para. 283; Case of Ricardo
Canese, supra note 24, para. 201; and Case of the Gómez Paquiyauri Brothers, supra note 7, para. 205.
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