3
II
6.
Pursuant to Article 62 of the Convention, the Court is competent to decide the
amount of compensation and expenditures in the instant case, inasmuch as Peru ratified the
Convention on July 28, 1978 and recognized the contentious jurisdiction of the Court on
January 21, 1981.
III
7.
On April 12, 1995 the Commission informed the Court no negotiation had been
possible with the Government, and, in its brief of July 21, 1995, requested the Court to
initiate the proceeding for the reparations phase. Consequently, and in accordance with
operative paragraph 5 of the Court's judgment of January 19, 1995, it is for the Court to
determine the extent of the compensation and expenditures.
8.
By order of August 1, 1995, the President of the Court decided to institute the
proceeding on reparations and expenditures, and granted the Commission until September
30, 1995 to produce and submit the evidence in its possession with regard to reparations
and expenditures in the instant case. The Court also granted the State until December 7,
1995 to submit its comments on the Commission's brief. Those comments were received on
that date.
9.
On September 30, 1995, the Commission submitted its brief on reparations and
expenditures, in which it asserted that the priority was to provide a conceptual definition of
the parties entitled to compensation and establish the identity of the injured persons. It
also requested the Court to indicate the scope of the compensatory indemnity, the
reimbursement of expenditures, and the respective amounts. The Commission cited the
Aloeboetoe et al. Case in which the Court established that “national jurisprudence generally
accepts that the right to apply for compensation for the death of a person passes to the
survivors affected by that death,” going on to declare that the parties entitled to receive
compensation were the victims' closest relatives or family (Aloeboetoe et al. Case,
Reparations [Art. 63(1) of the American Convention on Human Rights], Judgment of
September 10, 1993. Series C No. 15 para. 54).
10.
In regard to the injured persons entitled to be compensated for the damage inflicted
on the three victims by the Peruvian State, the Commission submits the following list: of
Víctor Neira- Alegría's family: his wife, Mrs. Aquilina M. Tapia de Neira, who is responsible
for three minor children, and Irene Alegría, a sister of the victim, who lodged the appeal of
habeas corpus; of William Zenteno-Escobar's family: his companion, Mrs. Norma YupanquiMontero, and his daughters Erika Claudia Zenteno, Edith Valia Zenteno and Milagros Yoisy
Rodríguez, the victim's daughter by Mrs. Julia Rodríguez-Zenteno; of Edgar ZentenoEscobar's family: in accordance with Peruvian legislation, since he was a bachelor and
without dependents: his father, Mr. Corcenio Zenteno- Flores, his mother, Mrs. Aurea
Escobar de Zenteno, and his brothers, Jack and Franz Zenteno- Escobar.
11.
The Commission considers that in determining the amount of the compensation and
its distribution, a balance must be struck, taking into account the victim's age, life
expectancy, actual and potential income, and the number of his dependents and heirs.