15
entered the judgment both on the violations to the Convention and upon establishing
the reparations.
Reason why, with regards to the reparations, the Court has
established the manner in which the State shall consign the payment of the
compensation in favor of the sisters.
48.
Consequently, upon indicating in paragraph 211 as well as in resolution number
twenty of the Judgment on the merits, reparations and costs, that the payment of the
compensation for non pecuniary damages in favor of María Victoria Cruz Franco, the
mother of Ernestina and Erlinda Serrano Cruz, “shall be delivered to her children in
equal parts”, the Court understands that Ernestina and Erlinda should also be taken
into account as daughters of Mrs. Cruz Franco, in the same manner as the other six
living children of the aforementioned person, inasmuch as the Tribunal has clearly
established that the former might be alive. In paragraph 210 and on resolution number
nineteen, the Tribunal determined the manner to proceed in the event that the
amounts consigned in favor of Ernestina and Erlinda Serrano Cruz are not collected in
a term of ten years.
49.
Likewise, the Tribunal clearly established that the amount of US$ 80.000,00
(eighty thousand US Dollars) set up in paragraph 160.b) of the Judgment on the
merits, reparations and costs on compensation for the non pecuniary damages suffered
by María Victoria Cruz Franco, the mother of Ernestina and Erlinda Serrano Cruz, shall
be distributed among her eight children, that is: Martha, Suyapa, Arnulfo, José
Fernando, María Rosa, Oscar, Ernestina and Erlinda, all with the surname Serrano
Cruz. The amounts of this distribution corresponding to Ernestina and Erlinda, namely,
US$ 10.000,00 (ten thousand US Dollars) for each one, shall increase the amounts
that correspond to them as compensation for the non pecuniary damages suffered by
them, as set forth in paragraph 160(a) of the Judgment on the merits, reparations and
costs. The State shall consign the payment of both sums in an account or deposit
certificate on behalf of the former, pursuant to the provisions set forth in paragraph
210 of the Judgment on the merits, reparations and costs, and if these amounts are
not collected in a ten year period, the total amounts, including the interests earned,
shall be delivered to their siblings on an equal basis, in conformance with the
provisions in paragraph 210.
50.
In accordance with the foregoing, the Tribunal has determined the meaning and
scope of the provisions set forth in paragraph 211 and also in resolution twenty of the
Judgment on the merits, reparation and costs.
IX
RESOLUTIONS
51.
By virtue of the above stated reasons,
THE INTER AMERICAN COURT OF HUMAN RIGHTS
In accordance with article 67 of the American Convention on Human Rights and articles
29(3) and 59 of the Rules
DECIDES: