family of Néstor José Uzcátegui306; iii) damage to the home caused by the police during
the raid on January 1, 2001 for which the authorities never provided compensation 307;
iv) various expenses incurred by the relatives of Néstor José Uzcátegui 308 in their
efforts to obtain justice and establish the truth, and v) various expenses for medical
treatment and medicines, particularly for the children.309
278. The Court, taking into consideration its case law,310 the victim’s age at the time
of his death and other elements present in the case file, and based on the principle of
equity, orders the State to pay the amount of US$ 65,000.00 (sixty-five thousand
dollars of the United States of America), for loss of earnings and US$ 100.00 (one
hundred dollars of the United States of America)311 for funeral expenses for Néstor José
Uzcátegui. As to the expenses claimed for medical treatment and medicines, the Court
notes that the representatives did not specify which of the alleged victims incurred
expenses for treatment received, or the nature of the damage or treatments received,
and it is therefore not appropriate to order such compensation.
279. With regard to the damage to the home, the Court, noting that although in this
case evidentiary elements were not provided specifying the damage caused to the
property of Luis Enrique Uzcátegui’s family, such damages have been proven (supra
paras. 203 -206). Therefore, the Court deems it appropriate to order the State to pay, in
equity, a compensation of US$ 3,000.00 (three thousand dollars of the United States of
America) in favor of the persons indicated in paragraph 206 of this Judgment.
D.2. Non-pecuniary damages
280. The Commission requested that the State be ordered to adequately compensate
the victims for the moral damage suffered. The representatives requested that the
payment of compensation be ordered for the moral damage caused by the death of
Néstor José,312 the arrests of Carlos Eduardo and Luis Enrique Uzcátegui313 and for the
wage in Venezuela. Based on this, the representatives calculated, using the minimum wage and updating the
amounts to their current value from 2001 until 2011, and adding the lost earnings as from 2011 until the
end of the life expectancy period, for an estimated total of US$ 391,792.00 (three hundred and ninety-one
thousand, seven hundred and ninety-two dollars of the United States of America).
306
They requested a total of Bs. 470,000.00 for this item. These expenses correspond to the sum of 1)
Bs. 400,000.00 for funeral services paid to the firm Servicios Especiales La Paz C.A. and 2) Bs. 70,000.00 for
a grave and burial paid to the General Cemetery of Coro. These amounts are today equivalent to Bs. 400.00,
and Bs. 70.00, as a result of decree No. 5.229 with the rank, value and force of law, known as the Monetary
Reconversion Act, published in the Official Gazette No. 38.641 dated March 9, 2007.
307
The representatives justified this request explaining that the relatives did not keep receipts of the
expenses incurred in repairing the structural damage to their house.
308
They asked the Court to set in equity the amount of US$ 3,000.00 (three thousand dollars of the
United States of America). The representatives justified this request explaining that these expenses were
incurred more than ten years ago and that the relatives have not kept the corresponding receipts.
309
The representatives stated that as a result of the events, members of the Uzcátegui Jiménez family
incurred medical expenses and asked the Court to set an amount corresponding to this item. The
representatives explained that the family members had not kept the receipts for those expenses.
310
Cf. Case Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002.
Series C No. 91, para. 43 and Case of Fontevecchia and D’Amico v. Argentina. Merits, Reparations and
Costs. Judgment of November 29, 2011. Series C No. 238, para. 114.
311
The representatives requested the sum of 450 Strong Bolivars, equivalent to approximately US$
105 (one hundred and five dollars of the United States of America).
312
With respect to the extrajudicial killing of Néstor José Uzcátegui, the representatives asked the
Court to order the State to pay the sum of US$ 80,000.00 (eighty thousand dollars of the United States of
America), to be distributed among his heirs. In this regard, the representatives stated that the extrajudicial
execution of Néstor José implied a violation of Article 5 of the American Convention and that in cases of
extreme violence it is reasonable to presume that the person experienced great suffering before death. They
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