38
134.
Hence, the Court deems it is necessary to order the payment of US$ 80.000
(eighty thousand dollars of the United States of America) as compensation for nonpecuniary damage, on the grounds of equity,113 in favor of Renato Ticona. This
amount shall be distributed among the victim’s next- of –kin in the following
manner: Fifty percent (50%) shall be delivered to his parents, Honoria Estrada de
Ticona and César Ticona Olivares, in equal portions. The remaining fifty percent
(50%) shall be equally distributed among his brothers and sister, Hugo Ticona, Rodo
Ticona and Betzy Ticona. The amount shall be delivered to each of the beneficiaries
pursuant to the terms above mentioned within the term of one year as of notice of
this Judgment.
135. Moreover, the State and the representative have stated that on June 12,
2007, the National Commission for the Compensation to Victims of Political Violence
(hereinafter, “CONREVIP”),114 issued the Administrative Order N° 01/2007,115 which
declared, among other things, that Renato Ticona was a victim of political violence
due to forced disappearance and included the name of the victim’s father in the
official list of beneficiaries of compensation. The State pointed out that in order to
proceed to compensate each individual it is necessary the issuance of a supreme
decree determining the amount in compensation of every beneficiary, but the State
is still classifying the case files and has not yet determined the total resources
available to see this through. The representative stated that no member of Ticona
Estrada’s family has received an amount in compensation or any other sum by the
State.
136. In such regard, this Tribunal values the existence of the CONREVIP, as an
instance that allows the direct compensation to relatives of disappeared persons.
Without prejudice to the foregoing, in consideration that such determination and the
payment of the compensation is pending before the domestic authorities, this Court
deems that when the State pays the compensation that has been established, it
should inform the CONREVIP or the courts that are hearing said proceedings so they
113
Cf. Case of “Street Children” (Villagrán Morales et al.) v. Guatemala; supra note 109, para. 84;
Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra note 109, para.
242; and Case of Heliodoro Portugal v. Panamá, supra note 13, para. 239.
114
The CONREVIP is in charge of learning, classifying and deciding on the applications of victims of
political violence, as an inter-institutional body of public law, with its own juridical personality,
administrative autonomy and economy, formed by representatives of the public and private sector.
115
The representative, in the brief of final written arguments, indicated that on March 11, 2004, the
State enacted Act N° 2440 which provided for the compensation of victims of political violence during
periods of unconstitutional governments and within the framework of that law, on June 12, 2007, the
CONREVIP issued the Administrative Order N° 01/2007 which established:
First. It is hereby declared that Renato Enrique Ticona Estrada is a victim of political violence due to
"Forced Disappearance" as established in section 4. I, subsection f) of Act N° 2640 of March 11, 2004,
Exceptional Compensation to Victims of Political Violence During Periods of Unconstitutional Governments,
as a consequence of the violation of human and constitutional rights enshrined in the Political Constitution
of the State and the International Covenant on Civil and Political Rights, ratified by the State by means of
Act N° 2119 of September 11, 2000; rights that were violated by the dictatorship exercised by General
Luis García Meza.
Second. According to Section 12, subsection k) of the Supreme Decree N° 28015, it is hereby included the
name of César Ticona Olivares in the official list of beneficiaries that determines the amount of exceptional
and final compensation, to be published in the respective Supreme Decree, to the exclusion of the rights
of Maria Honoria Estrada Figueroa and third parties who could alleged equal or better rights.
Third. It is declared that the name of the victim of political violence: Renato Enrique Ticona Estrada is
included in the official list to be forwarded to the National Congress for public grant of authority, in
accordance with the terms of Section 4, paragraph II of Act N° 2640 and Section 5, paragraph II,
subsection c) of Supreme Decree N° 28015.