90
against them (supra paras. 139), they will therefore be beneficiaries of the
reparations established by the Court for pecuniary and non-pecuniary damage.
146. The Court also considers that the next of kin of Agustín Goiburú Giménez,
Carlos José Mancuello Bareiro, and Rodolfo and Benjamín Ramírez Villalba are the
“injured party,” as victims themselves of the violation of the rights embodied in
Articles 5(1), 8(1) and 25 of the American Convention, in relation to Article 1(1)
thereof (supra paras. 139).
147. The victims’ next of kin will be beneficiaries of the reparations that the Court
establishes for pecuniary and/or non-pecuniary damage, as victims of the violations
of the Convention that have been declared, and also of those reparations that the
Court establishes in their capacity as successors of Agustín Goiburú Giménez, Carlos
José Mancuello Bareiro, and Rodolfo and Benjamín Ramírez Villalba. Consequently, in
addition to the four victims mentioned above, the following persons will be
considered “injured party”:
(a)
The next of kin of Dr. Agustín Goiburú Giménez: Elva Elisa Benítez
Feliu de Goiburú (wife); Rogelio Agustín, Rolando Agustín and Patricia
Jazmín, all Goiburú Benítez (sons and daughter), and Rosa Mujica
Giménez (sister);
(b)
The next of kin of Carlos José Mancuello Bareiro: Gladis Ester Ríos de
Mancuello (wife); Claudia Anahí and Carlos Marcelo, both Mancuello
Ríos (daughter and son); Ana Arminda Bareiro de Mancuello (mother);
Mario Mancuello (father); Ana Elizabeth, Hugo Alberto, Mario Andrés
and Emilio Raúl, all Mancuello Bareiro (siblings); and
(c)
The next of kin of Benjamín and Rodolfo Ramírez Villalba: Fabriciana
Villalba de Ramírez (mother); Lucrecia Francisca Ramírez de Borba,
Eugenia Adolfina Ramírez de Espinoza, Sotera Ramírez de Arce, Sara
Diodora, Mario Artemio, Herminio Arnoldo and Julio Darío, all Ramírez
Villalba (siblings) and María Magdalena Galeano (former companion of
Benjamín Ramírez Villalba).
148. The compensation for pecuniary and non-pecuniary damage corresponding to
Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, and Rodolfo and Benjamín
Ramírez Villalba, will be distributed among their next of kin as follows:94
(a)
Fifty per cent (50%) of the compensation will be shared in equal parts
between the children of the victim and fifty per cent (50%) of the
compensation will be delivered to the person who was the wife or
companion of the victim at the time he was deprived of life or
disappeared;
(b)
In the case of victims who did not have either children, or a wife or
companion, the compensation will be distributed as follows: fifty per
cent (50%) will be given to their parents. If one of the parents has
died, the part corresponding to him or her will increase the part
94
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 122; Case
of Ximenes Lopes, supra note 8, para. 218, and Case of Baldeón García, supra note 6, para. 182.
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