43
taken into consideration that she participated intensively in the search for and
identification of the mutilated body of her sister-in-law; this is recorded in the
judgment of March 8, 1998, and is an important element of proof for various family
matters.
110. With regard to the victim’s other siblings, it is evident that they form part of
the family37 and even when they do not appear to have participated directly in the
measures taken in the situation by the mother and by the sister-in-law, this does not
mean that they were indifferent to the suffering caused by the loss of their sister,
particularly when the circumstances of death were so singularly traumatic.
Therefore, considering that they should be beneficiaries of compensation, the Court
must determine the amount according to the principle of fairness and, consequently,
establishes compensatory reparation for non-pecuniary damage of US$4,000.00
(four thousand United States dollars) for the Paniagua Morales siblings38.
111. In view of the foregoing, this Court considers that it is fair to establish a
global amount of US$54,000.00 (fifty-four thousand United States dollars) for the
non-pecuniary damage caused to the victim and her next of kin. This amount to be
distributed as follows: US$20,000.00 (twenty thousand United States dollars) for
María Elisa Meza Paniagua (the victim’s daughter), US$15,000.00 (fifteen thousand
United States dollars) for María Ildefonsa Morales Chávez (mother), US$5,000.00
(five thousand United States dollars) for Antonio Paniagua (father), US$5,000.00
(five thousand United States dollars) for Blanca Lidia Zamora (the victim’s sister-inlaw), US$5,000.00 (five thousand United States dollars) for Alberto Antonio Paniagua
Morales (brother), and the sum of US$1,000.00 (one thousand United States dollars)
each, to Blanca Beatriz, Hugo Morani, Elsa Carolina and German Giovanni, all
Paniagua Morales.
*
*
*
JULIÁN SALOMÓN GÓMEZ AYALA
Pecuniary damage
The arguments of the next of kin
112. Under the general heading pecuniary damage, the next of kin of Julián
Salomón Gómez Ayala included two items in their brief of April 26, 1999:
a)
the loss of earnings of the victim as a car mechanic with a monthly
wage of Q1,400.00 (one thousand four hundred quetzales) and an annual
income, including periodic or seasonable income, of Q17,400.00 (seventeen
thousand four hundred quetzales), with an annual increase of Q305.00 (three
hundred and five quetzales); and
b)
the expenses that the next of kin incurred, including: Q5,800.00 (five
thousand eight hundred quetzales) for the search for the victim (daily
37
Cf. Garrido and Baigorria case, Reparations, supra note 22, paras. 63 and 64.
38
With regard to Mario Humberto Morales Chávez, no supporting evidence that demonstrated the
alleged relationship was submitted. Cf. Garrido and Baigorria case, Reparations, supra note 22, paras. 63
and 64.
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