60 176. In their brief of April 30, 1999, the next of kin indicated that, as a result of the facts, the victim’s mother had suffered physical and mental damage that prevented her from continuing with the bakery that supported the family and of which the victim was the administrator. Owing to this, they requested an amount of US$35,000.00 (thirty- five thousand United States dollars). Also, the lack of investigation into the victim’s disappearance has seriously affected the physical and mental health of the next of kin in general, and they therefore requested US$15,000.00 (fifteen thousand United States dollars) for the mother and US$10,000.00 (ten thousand United States dollars) for each of the victim’s four siblings. The Commission’s arguments 177. In its briefs of August 31, 1998, and August 2, 1999, the Commission indicated that, owing to the violation declared by the Court with regard to this victim, that is, for not initiating the corresponding judicial proceeding and obtaining an effective official investigation into the victim’s assassination, a general compensatory amount of US$15,000.00 (fifteen thousand United States dollars) should be granted. The State’s arguments 178. In its communication of June 13, 2000, the State declared that it did not share the Commission’s opinion, because the State’s obligation did not entail a specific positive result to an investigation into the death of the victim, but to “provide legal methods to prosecute the crime.” However, the State would agree to establishing the amount of the compensation at US$5,000.00 (five thousand United States dollars). The considerations of the Court 179. In its judgment on merits, this Court considered that there was insufficient evidence to attribute responsibility for the death of Erick Leonardo Chinchilla to the State40. Therefore, with regard to this victim, the Court is unable to condemn the State to pay compensations for facts that do not relate to the declared violation of Article 8(1) of the Convention, which is the case of the next of kin’s request for reimbursement for the loss of the family business. 180. Owing to the nature of the declared violation in this case, the Court considers, in fairness, that it is appropriate to establish a compensation in the sum of US$8,000.00 (eight thousand United States dollars), an amount to be delivered to the mother of Erick Leonardo Chinchilla, María Luisa Chinchilla Ruano. 181. As for the dispute between the parties about the investigation in the judicial sphere, this Court will refer to that point in the section corresponding to other forms of reparation (infra X). * * * OSCAR VÁSQUEZ AND AUGUSTO ANGÁRITA RAMÍREZ 40 Cf. Paniagua Morales et al. case, supra note 2, para. 121.

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