41
132. Lazo Loayza, Dante Eusebio
269. Zapata Benites, Alberto
133. Lazo Zegarra, Nora Ruth
270. Zavala Rivera, Víctor Manuel
134. Leau Caballero De Herrera, Betty Eudocia
271. Zavala Torres, Dora Jasmine
135. Libaque Villanueva, Manuel Isaac
272. Zevallos Alzamora, Olga Cecilia
136. Linares Ruiz, María Ilmer
273. Zuloeta Camacho, Ángel
137. López Rubiños De Rivero, Nelly Esperanza
114.
Furthermore, although evidence was tendered in the instant case
regarding the alleged damage suffered by some of the relatives of the 273 victims
as a consequence of the violations so declared, the Court deems that nor the
Commission or the representative have alleged that said persons were victims of
any violation of a right enshrined in the American Convention. Based on the
foregoing and considering the case-law of the Tribunal, the Court does not
consider that the next-of-kin of the victims in the case at hand are "injured
parties" and it also determines that they will be beneficiaries of the reparations
only in the capacity as heirs, that is, if the victim died and pursuant to the
provisions of the domestic legislation.
i.
B) Compensation
Pecuniary Damage
115.
The Court’s case law has developed the concept of pecuniary damage
and the cases in which compensation therefore is due.97
116.
The Commission indicated that “it falls upon the victims to define their
claims” regarding the pecuniary damage caused, while the representative
requested the Court, when establishing the value of the compensation for
pecuniary damage, to bear in mind, in particular, “the loans and the sale of
property that the victims were obliged to resort to, [...] in order to cope with the
abrupt reduction in their pensions”. According to the representative, the victims
were forced to incur expenses to "deal with the severe reduction of their financial
means that, until the month of April 1993, allowed them to afford their basic
human needs of food and shelter, as well as the education of their children". In
the affidavits and testimonies, some of the victims made reference to expenses
incurred as a result of the payment of medicine and treatment of diseases
allegedly related to or worsened by the facts of the case.98
117.
The Tribunal notes that even though the Commission, the
representative and, where applicable, the victims made reference to a patrimonial
97
This Tribunal has established that pecuniary damages involve “the loss of or detriment to the
victims’ income, the expenses incurred as a result of the facts, and the monetary consequences that
have a causal nexus with the facts of the sub judice case”. Case of Bámaca Velásquez V. Guatemala.
Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, para. 43; Case of Kawas
Fernández, supra note 13, para. 162; and Case of Perozo et al., supra note 13, para. 405.
98
Cf., inter alia, affidavit rendered by Cosme Marino Vargas Salas (record of affidavits and
observations, page 2557); affidavit rendered by Juan José Medina Morán (record of affidavits and
observations, pages 2559-2560); affidavit rendered by César Daniel Collantes Sora (record of
affidavits and observations, pages 2561-2562); affidavit rendered by Julio César Borrero Briceño
(record of affidavit and observations, pages 2563-2564), and affidavit rendered by Dicha Laura Arias
Laureano (record of affidavits and observations, page 2570).