37
identity of those responsible, because the corresponding authorities did not
investigate the crimes and punish them;
d)
the sum of US$ 150,000.00 (one hundred and fifty thousand United
States dollars) should be paid for the non-pecuniary damage caused to each
of the victims, and this amount should be given to their heirs; and the sum of
US$ 100,000.00 (one hundred thousand United States dollars) should be paid
to each of the following: Ana María Contreras, Matilde Reyna Morales García,
Marta Isabel Túnchez Palencia, Noemí Cifuentes and Margarita Urbina for the
non-pecuniary damage they have suffered;
e)
the sum of US$ 6,000.00 (six thousand United States dollars) should
be paid for non-pecuniary damage to Lorena Dianeth Villagrán Morales, sister
or Anstraun Aman Villagrán Morales, and to each of the following siblings of
Henry Giovanni Contreras: Mónica Renata Agreda Contreras, Shirley Marlen
Agreda Contreras and Osman Ravid Agreda Contreras;
f)
the following persons should be considered beneficiaries of the
payment of compensation for non-pecuniary damage caused directly to the
five youths who were deprived of their lives;
f.i)
with regard to Julio Roberto Caal Sandoval, his grandmother,
Margarita Urbina;
f.ii)
with regard to Henry Giovanni Contreras, his mother, Ana María
Contreras;
f.iii)
with regard to Anstraun Aman Villagrán Morales, his mother,
Matilde Reyna Morales García;
f.iv)
with regard to Federico Clemente Figueroa Túnchez, his
mother, Marta Isabel Túnchez Palencia;
f.v)
with regard to Jovito Josué Juárez Cifuentes, his mother, Noemí
Cifuentes;
g)
the concept of reparation “should not be reduced merely to the sum of
loss of earnings + consequential damage + non-pecuniary damage, because
the value of the essential asset – life – would remain uncompensated.”
International human rights law and most legislations have understood this.
The guarantee of the right to life in the Convention requires that it be granted
an autonomous value. This concept is superimposed on what the Commission
calls the life plan. It is not a right of the heirs but of the victim himself, which
is then transferred to his estate. Therefore, they requested the Court to
establish a fair value, and the measures that, in its opinion, would constitute
reparation for this concept.
h)
As minors, Julio Roberto Caal Sandoval, Jovito Josué Juárez Cifuentes
and Anstraun Aman Villagrán Morales had the right to special guarantees of
protection under Article 19 of the Convention and this right was violated,
owing to the arbitrary deprivation of life and the right to adequate living
conditions. Therefore, they requested the Court to establish this value and
the measures that, in its opinion, would constitute fair reparation; and
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