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the amount of US$25,855.00 (twenty-five thousand eight hundred and fifty-five
United States dollars) must be shared in equal parts by the victim’s son, Julio
Salomón Gómez Flores, and his companion, Bertha Violeta Flores Gómez.
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*
*
119. Reimbursement has also been requested for the expenses defrayed by the
next of kin of Julián Salomón Gómez Ayala, for his exhumation; the corresponding
transfer of his remains to “Samayach”; the funeral expenses; the loss of his personal
effects, such as a gold medal, and the medical expenses incurred by his parents, as
a result of what happened to the victim. The Court considers that, in real terms,
there was general damage to the patrimony of the family group owing to what
happened to the victim, for reasons that may be attributed to the State, which
caused the family financial and other problems for which reparation must be made.
In the case sub judice, the Court observes that the family’s requests concerning
expenses lack documentary support; however, taking into account the circumstances
of the case, it would seem reasonable that sufficient evidence does not exist.
Therefore, in fairness, the Court establishes the amount of US$3,000.00 (three
thousand United States dollars).
120. Owing to the special circumstances of this case, the Court considers it
pertinent to distribute this amount in equal parts between the victim’s parents,
Petronilo Gómez Chávez and Blanca Esperanza Ayala de la Cruz, and his companion,
Bertha Violeta Flores Gómez-.
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Non-pecuniary damage
The arguments of the next of kin
121. On April 26, 2000, the victim’s next of kin indicated that they had suffered
various “emotional and biological problems” that prevented them from “carrying out
[their] daily tasks and [...] having a normal life”, as a result of what happened to
Julián Salomón Gómez Ayala; however, they did not request any amount in
compensation.
The Commission’s arguments
122. In its briefs of August 31, 1998, and August 2, 1999, the Commission
considered that the Gómez Ayala family should receive compensation of
US$125,000.00 (one hundred and twenty-five thousand United States dollars),
based on the following factors:
a)
the clandestine detention, the isolation, the deliberate ill-treatment
and the intention of inflicting grave physical and mental pain that was evident
from the state in which the victim’s body was found, caused the family acute
physical and mental suffering; and
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