129
292. As this Court does not have figures for 19 of the injured former inmates,210 it
will assume that they sustained burns over less than 5% of their body and award
them the corresponding sum.
b)
Damnum emergens
293. The Commission reported that the State had covered the damnum emergens
(supra para. 284.a), and the representatives did not provide evidence to support
their counterclaim. The foregoing notwithstanding, the body of evidence in the
present case contains various statements211 demonstrating that the State did not in
fact cover all the medical expenses of Francisco Ramón Adorno, or all the medical
and funeral expenses of Sergio David Poletti Domínguez and Mario del Pilar Álvarez
Pérez. The State covered only a portion of those expenses. As no specific evidence
was offered concerning the supposed expenses, this Court deems it appropriate to
grant in equity the sum of US$ 1,000.00 (one thousand United States dollars) to the
next of kin of each of the above-named former inmates. That total amount will be
distributed in the following manner and go to the persons shown to have covered the
expenses in question:
i)
the total for the medical expenses of victim Francisco Ramón Adorno is
to be paid to his mother, who must appear before the competent authority
and identify herself;
ii)
the total amount for the medical and funeral expenses of victim Sergio
David Poletti Domínguez is to be divided, in equal parts, between Ms. Teofista
Domínguez and Guillermo Augusto Poletti, the victim’s parents; and
iii)
the total amount for the medical and funeral expenses of victim Mario
del Pilar Álvarez Pérez is to be paid to his mother, Mrs. María Teresa de Jesús
Pérez.
294. Based on the foregoing, the Court establishes compensation for the pecuniary
damages caused by the violations found in the present Judgment in the following
amounts:
1)
2)
3)
4)
5)
COMPENSATION FOR PECUNIARY DAMAGES
Deceased inmates
Victim
Lucrum cessans
Damnum
emergens
Antonio
Damián
Escobar
US$ 40,000.00
Morinigo
Benito Augusto Adorno
US$ 40,000.00
Carlos Raúl de la Cruz
US$ 40,000.00
Diego Walter Valdez
US$ 40,000.00
Elvio Epifanio Acosta
US$ 40,000.00
Ocampos
Total
US$ 40,000.00
US$
US$
US$
US$
40,000.00
40,000.00
40,000.00
40,000.00
210
Antonio Delgado, Aristides Ramón Ortiz Bernal, Carlos Raúl Romero Giacomo, Claudio Coronel
Quiroga, Demetrio Silguero, Eduardo Vera, Francisco Noé Andrada, Heriberto Zarate, Hugo Olmedo, Jorge
Daniel Toledo, José Milciades Cañete Chamorro, Nelson Rodríguez, Osmar López Verón, Osvaldo Daniel
Sosa, Pablo Emmanuel Rojas, Oscar Rafael Aquino Acuña, Sixto Gonzáles Franco, Cándido Ulises Zelaya
Flores and Walter Javier Riveros Rojas.
211
Cf. Statements made in the presence of a person authorized by law to authenticate documents
and statements (affidavits) by Francisco Ramón Adorno and María Teresa de Jesús Pérez and the
testimony given by Ms. Teofista Domínguez Riveros before this Court on May 3, 2004.
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