-128para. 236 and infra para. 240), provided they submit the official information
necessary to identify themselves and prove their relationship to the competent
authorities of the State, within 24 months of notification of this judgment.
238. Yoliva del Carmen Romero Benítez, Nayibe Romero Benítez and María Elena
Jiménez Zabala, who were brought up by Ángel Benito Jiménez Julio, will be
considered to be his daughters, for the effects of their participation in the distribution
of the compensation. Luz Dary Delgado Pérez, niece of Raúl Antonio Pérez Martínez,
was brought up with him, so that she will be considered a sister for the effects of her
participation in the distribution of the compensation.
239. Also, Macrina Onelia Martínez Paternina, mother of Manuel de Jesús Montes
Martínez; Dora Isabel Tuberquia Petro, companion of Genor José Arrieta Lora; Gloria
de Jesús Petro Pérez, companion of Luis Miguel Salgado Berrío, and Dormelina Barba
Monterrosa, companion of Andrés Manuel Perosa Jiménez, will receive additional
compensation, because they were pregnant when their next of kin disappeared.
240. The compensation for pecuniary and non-pecuniary damage will be distributed
among the next of kin of the persons deprived of life or disappeared as follows:253
a)
Fifty per cent (50%) of the compensation will be shared in equal parts
between the victim’s children and the other fifty per cent (50%) of the
compensation will be delivered to the person who was the wife or permanent
companion of the victim at the time he disappeared or was deprived of his
life. In the case of the wife and the permanent companion of Miguel Ángel
Gutiérrez Arrieta and Ricardo Bohórquez Pastrana, and of the companions of
Juan Miguel Cruz and Benito José Pérez Pedroza, the corresponding
compensation will be shared between them in equal parts.
b)
In the case of a victim who had no children, wife or permanent
companion, the compensation will be distributed as follows: fifty per cent
(50%) will be awarded to his parents. If one of them is deceased, the
corresponding part will be added to the part awarded to the other. The other
fifty per cent (50%) will be shared equally among the victim’s siblings, and
c)
Should a victim have no next of kin in any of the categories defined in
the preceding subparagraphs, the amount that would have corresponded to
the next of kin in these categories will be shared out proportionately to the
part corresponding to the others.
241. In the case of the next of kin of the persons allegedly disappeared or
deprived of life, who are beneficiaries of the compensation awarded in this judgment
and who are deceased or who die before the respective compensation is delivered to
them, the criteria for the distribution of the compensation indicated in the preceding
paragraph apply.
242. In accordance with these considerations, the names and relationships of the
persons disappeared and deprived of life and their next of kin who have been
identified in these proceedings are indicated in Appendix II of this judgment.
253
Cf. Case of Blanco Romero et al., supra note 10, para. 72; Case of the “Mapiripán Massacre”,
supra note 7, para. 259, and Case of the 19 Merchants, supra note 192, para. 230.
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