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133. In this case, there are contradictions about who should be considered the
beneficiaries of the amounts corresponding to the damage suffered by the victim.
On the one hand, based on information provided by the victim’s next of kin, the
Commission indicated that William Otilio González Rivera had a son. On the other
hand, in their brief on reparations the next of kin refer to pecuniary and nonpecuniary damages suffered by the parents and, in general, by the next of kin,
without mentioning the existence of a descendant. Lastly, during his statement at
the public hearing on reparations, the victim’s father mentioned the victim’s parents
and siblings, without identifying the latter, as beneficiaries. Accordingly, this Court
considered it appropriate to request the next of kin to provide proof of the
relationship of the siblings, son or next of kin who lived with the victim at the time of
the facts, and, as a result, the next of kin submitted five birth certificates of the
siblings of William Otilio González Rivera (supra 62), and indicated that they were
“the only documents that they possess[ed].”
134. In view of the foregoing and in accordance with its criteria, this Court
considers that, although the existence of an alleged son of the victim has not been
confirmed, should this son exist, he should be awarded the totality of the indemnity
to compensate the victim’s loss of income.
135. In view of the findings of the previous paragraph, the victim’s next of kin and
the Commission must provide the State with any information they have, in order to
identify the son of William Otilio González Rivera, so that the State may, in turn,
verify his existence. If, within one year from the date of notification of this
judgment, the son has not been identified, the victim’s parents will be the
beneficiaries of the compensation indicated in the previous paragraph.
*
*
*
136. In his testimony during this reparations stage, Salvador González Najarro
indicated that, as a result of the death of his son, he and his wife, María Asunción
Rivera Velásquez, suffered a series of illnesses that required medical treatment;
however, there is no supporting evidence on this point.
137. Reimbursement of the expenses defrayed by the next of kin of William Otilio
González Rivera in their search for the victim, the exhumation, transfer of his
remains to Jutiapa, funeral expenses and the loss of the victim’s business and the
merchandise in it at the time has also been requested. In the case sub judice, the
Court considers that it is not possible to establish a relation of cause and effect
between the event that occurred to the victim and the alleged loss of the stall and
merchandise.
138. With regard to the other expenses, the Court considers that, in real terms, a
general patrimonial damage was caused to the family group owing to what happened
to the victim, for reasons that may be attributed to the State. These generated
financial, health and other types of problems to the family for which, based on the
principle of fairness, reparation should be made, even though the evidence
submitted to support the calculation of the damage caused is insufficient and there
are contradictions in the amounts indicated. Therefore, the Court proceeds to
establish a fair amount of US$2,000.00 (two thousand United States dollars), to be
handed to Salvador González Najarro, as the victim’s father, so that he may proceed
to distribute this amount in accordance with the expenses that the family incurred.
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