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The victim’s arguments
182. The next of kin of Oscar Vásquez agreed with the facts set out by the
Commission (infra 183), and added that the victim’s son, who gave testimony before
the Inter-American Court, was unlawfully detained and severely beaten by a group of
armed men, which caused him to flee the country. Also, “other members of the
family abandoned their home” for safety reasons.
Consequently, the family
requested a compensation of US$25,000.00 (twenty-five thousand United States
dollars).
The Commission’s arguments
183. The Commission requested a general compensation of US$25,000.00
(twenty-five thousand United States dollars) and US$20,000.00 (twenty thousand
United States dollars), respectively, for the victims, Oscar Vásquez and Augusto
Angárita Ramírez, owing to their unlawful detention and the inhuman treatment that
“they suffered at the hands of agents of the Treasury Police.” It also underlined the
threats and attacks suffered by both Oscar Vásquez and his family, and “the fact that
[Vásquez] was assassinated just before the final hearing [before the Commission]
prior to the preparation of the report under Article 50” of the American Convention.
The State’s arguments
184. The State indicated that it considered US$10,000.00 (ten thousand United
States dollars) to be an appropriate amount “in both cases” to reimburse the damage
that the State might have caused the victims.
The considerations of the Court
185. With regard to Augusto Angárita Ramírez, in the judgment on merits of March
8, 1998, the Court considered that his right to personal freedom had been violated
(Article 7 of the Convention) owing to his detention, and also his right to humane
treatment (Article 5(1) and 5(2) of the Convention), since he had been subjected to
cruel, inhuman and degrading treatment.
186. Regarding Oscar Vásquez, the Court did not consider that there had been a
violation of his personal liberty (Article 7 of the Convention); in the said judgment, it
established that the State violated his right to humane treatment (Article 5(1) and
5(2) of the Convention). Furthermore, from the body of evidence concerning Oscar
Vásquez which appears in the file, there is no indication that there is a relation of
cause and effect between the violation declared by the Court and the damage
claimed by the victim’s next of kin, such as the detention of his son and the latter’s
move.
187. In view of the foregoing, the Court considers that in the cases of Augusto
Angárita Ramírez and Oscar Vásquez, a compensation should be determined for the
damage that the victims suffered owing to the violations of their rights by agents of
the State. This Court considers that it is fair to establish a compensatory amount of
US$8,000.00 (eight thousand United States dollars) for each of them (supra 83).
This compensation shall be given directly to the victims, or their heirs, if applicable.
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