97
326. Second, the Court notes that the State submitted as evidence, copies of the records of
payments made in favor of members of Chichupac village within the framework of the PNR. 375
Thus, as it has done in other cases against Guatemala, 376 the Court considers that the amounts
that have already been paid to the victims in this case at the domestic level through the PNR for
the violations established in this judgment should be recognized as part of the reparation due to
them and should be deducted from the amounts set by the Court in this judgment as
compensation (infra para. 327). Thus, at the stage of monitoring compliance with the judgment
in this case, the State must prove that the amounts established through said program have
actually been paid.
327. Based on the criteria established in this Court’s constant case law, the circumstances of the
instant case, the nature and seriousness of the violations committed, the harm caused by
impunity, as well as the physical, moral and psychological suffering caused to the victims, 377 the
Court deems it appropriate to establish in equity, the amounts indicated below, which must be
paid within the time frame established by the Court for such purpose (infra para. 335):
a) USD 55,000.00 (fifty-five thousand United States dollars) to each of the victims of forced
disappearance, indicated in paragraphs 155 and 156 and in Annex I of this judgment, for
pecuniary and non-pecuniary damage;
b) USD 5,000.00 (five thousand United States dollars) to each victim of forced displacement,
indicated in Annex II of this judgment, for non-pecuniary damage, and
c) USD 30,000.00 (thirty thousand United States dollars) for the mothers, fathers, sons and
daughters, spouses, and permanent partners, and USD 10,000.00 (ten thousand United
States dollars) in favor of the brothers and sisters of the victims of forced disappearance, for
non-pecuniary damage, in relation to the violations of their rights to personal integrity and
protection of the family. These persons are named in Annex I of this judgment.
328. The amounts ordered in favor of forcibly disappeared persons (supra para. 327.a) shall be
paid according to the following criteria:
a) fifty per cent (50%) of the compensation shall be divided equally among the victim’s
children. If one or more of the victim’s children are deceased, the part that
corresponds to them will be given to their children or spouses if they exist, or if they
do not exist, the part that corresponds to them will be added to those of the other
children of the same victim;
b) fifty per cent (50%) of the compensation shall be paid to the person who was the
spouse or permanent companion of the victim at the time when the victim’s forced
disappearance began;
c) in the event that there are no relatives in any of the categories defined in the
preceding paragraphs, the amount that would have corresponded to the relatives in
that category shall be added to the part corresponding to the other category;
d) in the event that the victim has no children or spouse or permanent companion, the
compensation for pecuniary damage shall be delivered to his or her parents, and
Cf. Copy of the records of the payments made to members of Chichupac village by the National Reparations Program
(evidence file, folios 10189 to 10804).
376
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, para. 389, and Case of the Río Negro Massacres v.
Guatemala, para. 304.
377
Cf. Case of Ticona Estrada et al. v. Bolivia, para. 109, and Case of Río Negro Massacres v. Guatemala, para. 309.
375