4
damages when the compensations are set for each of the beneficiaries. With regard to the
above, the representatives asked the Court to clarify what they considered a discordance
between the corresponding paragraphs of the Judgment.
12.
In this regard, the State expressed that “[t]he omission of the inclusion of [the …]
name [of Mrs. Marcia Claudina Mariños Figueroa] within paragraph 206 subparagraph i)
(next of kin of the victim Juan Gabriel Mariños Figueroa considered beneficiaries of
compensations) […] must be clarified by the Court.” Likewise, it stated that “it does not see
any juridical reason to oppose the acknowledgment of [said person] as next of kin[…] of the
[…] victim[…] by the Court.”
13.
The Commission considered that “in fact there is a possible discordance between
different parts of the [J]udgment in the present case in what refers to Mrs. Marcia Claudina
Mariños Figueroa.” It also indicated that “the [J]udgment is clear in what refers to the
quality of victim and injured party of [said] person […], as well as her right to receive a
compensation for the non-pecuniary damage suffered, but that since paragraph 220 does
not establish the specific compensation set in her favor, this affects operative paragraph
number 17 of the judgment.” Therefore, the Commission considered it correct for the Court
to make the clarification requested “establishing the exact amount of the compensation that
proceeds with regard to Mrs. Marcia Claudina Mariños Figueroa.”
14.
The Court observes that, as has been stated by the representatives, in the chapter of
Facts Proven (paragraph 80(106)) of the Judgment of reference Mrs. Marcia Claudina
Mariños Figueroa was identified as Mr. Juan Gabriel Mariños Figueroa’s sister; that her
condition of victim due to the violation of the rights enshrined in Articles 5(1), 8(1), and 25
in relation with Article 1(1), all of the American Convention, was established in paragraphs
129 and 161 and in operative paragraphs 5 and 6 and operative paragraphs 5 and 6, and
that in operative paragraph number 17 she is mentioned as beneficiary of a compensation
for non-pecuniary damages. It is true that the Judgment does not include her name in the
chapter on Reparations, in the section on Beneficiaries, paragraph 206(i), when determining
the persons considered injured parties for the effects of the Judgment, or in the section on
Non-Pecuniary Damages, paragraph 220, when determining the compensations
corresponding to each of the beneficiaries.
15.
However, with regard to the determination of the next of kin of the people killed or
disappeared as “injured parties” in the terms of Article 63(1) of the American Convention,
paragraph 205 of the Judgment of the Court established that
[…] it considers as “injured parties” the next of kin of the mentioned people, in their own nature
of victims of the violation to the rights enshrined in Articles 5(1), 8(1), and 25 of the American
Convention, in relation to Articles 1(1) and 2 of the same (supra paras. 129 and 161).
16.
Likewise, in relation to payment of non-pecuniary damages in favor of the brothers
and sisters of the missing or killed victims, paragraph 219(ii) the Tribunal considered it was
necessary
[…] to order in equity […] the payment of the following amounts as compensation for the nonpecuniary damages caused due to the suffering of the next of kin of the 10 victims missing or
killed, who are at the same time victims of the violation of their right to humane treatment (supra
para. 129):
[…]
ii.
US$ 20.000,00 (twenty thousand dollars of the United States of America) in the case
of each sister or brother of the 10 victims missing or killed[.]
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