moral damage to the detriment of the relatives of the three brothers 314.
281. Having regard to its case law315 and taking into account the particular
circumstances of this case, the Court sets, in equity, the following amounts in favor of
the victims, as compensation for non-pecuniary damage:
Name
Amount (in dollars of the
United States of America)
Néstor José Uzcátegui
US$ 60,000.00
Luis Enrique Uzcátegui
US$ 50,000.00
Carlos Eduardo Uzcátegui
US$ 25,000.00
Yrma Josefina Jiménez (mother)
US$ 15,000.00
Luis Gilberto Uzcátegui (father)
US$ 15,000.00
Gregorio Mavarez Jiménez (brother)
US$ 10,000.00
José Leonardo Mavarez Jiménez (brother)
US$ 10,000.00
Paula Yulimar Uzcátegui Jiménez (sister)
US$ 10,000.00
Gleimar Coromoto Uzcátegui Jiménez (sister)
US$ 10,000.00
Irmely Gabriela Uzcátegui Jiménez (sister)
US$ 10,000.00
specified that the heirs of Néstor José are his daughter, Solanger, and his parents, Yrma Josefina Jiménez
and Luis Gilberto Uzcátegui.
313
Regarding the moral damages caused by and during the illegal detention to which Luis Enrique and
Carlos Eduardo Uzcátegui were submitted, the representatives requested the amount of US$ 20,000.00
(twenty thousand dollars of the United States of America) for each one. The representatives alleged that,
while they were under the custody of police officers, Luis Enrique and Carlos Eduardo suffered threats and
beatings, isolation and were held incommunicado, which constituted a disproportionate use of force. The
representatives asked the Court to order of an additional amount, in equity, in favor of Carlos Eduardo
Uzcátegui, for having been a minor at the time of the events. Furthermore, the representatives requested
that the State of Venezuela be ordered to pay additional compensation, set in equity, for Luis Enrique
Uzcátegui for his work on this case, the violations to which he has been subjected to date, and the lack of
compliance with the measures of protection ordered in his favor.
314
Specifically, they referred to the way in which Néstor’s execution was carried out, the violence used
against him and the great impact caused by these events; the representatives requested that the Court to
determine a compensation in equity and based on its case law of US$ 50,000.00 (fifty thousand dollars of
the United States of America) for each of the direct family members of Néstor José Uzcátegui. These would
include his daughter, Solanger and his parents, Irma Josefina Jiménez and Luis Gilberto Uzcátegui. Likewise,
they requested compensation in equity and in accordance with its case law, of US$ 50,000.00 fifty thousand
dollars of the United States of America) for the family members who witnessed his extrajudicial execution,
for the emotional suffering and the impact these events had on their lives.
315
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs,
para. 84, and Case of Kichwa Indigenous People of Sarayaku v. Ecuador, para. 318.
69
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