138
directly by the persons who were executed will also be compensated, the Court will
establish compensation for the non-pecuniary damage suffered directly by the latter.
390. Taking into account the different facts of the damage adduced by the
Commission and the representatives, the Court establishes the value of the
compensation for non-pecuniary damage, on grounds of equity; it must be delivered
as stipulated in paragraphs 359 and 360 of this judgment, and using the following
parameters:
(a)
For each of the 19 personas executed in La Granja and El Aro, who are
indicated in Appendix I of this judgment, the Court establishes the amount of
US$30,000.00 (thirty thousand United States dollars);
(b)
At the time of his death Wilmar de Jesús Restrepo Torres was a minor.
Consequently, it can be presumed that the suffering caused by the facts of
this case assumed particularly intense characteristics in relation to a child.
Therefore, the damage referred to in the preceding paragraph should be
compensated, on grounds of equity, by the amount of US$5,000.00 (five
thousand United States dollars), to be added to the amount indicated above;
(c)
For Jorge Correa Sánchez, Omar Daniel Pérez Areiza, José Leonel
Areiza Posada and Marco Aurelio Areiza Posada, who were children at the time
of the facts, the Court establishes the amount of US$2,500.00 (two thousand
five hundred United States dollars);
(d)
Some of the next of kin who lived through the events of the massacre
have been identified and declared victims of the violation of their personal
integrity (supra para. 265), which must be taken into account. Although the
Court is unable to determine precisely which of the next of kin of the victims
were in La Granja and El Aro on the days the facts occurred, whether or not
they have been individualized, it is reasonable to presume that, in the
circumstances of this case, all the next of kin of the persons executed, have
suffered profoundly from the damage caused by the pain of losing a member
of the family. In addition, some of the next of kin had to bury their loved ones
without any help from the competent authorities. These next of kin have also
suffered violations of judicial guarantees and the right to judicial protection
(supra para. 344). Consequently, the Court considers that the corresponding
damage should be compensated by the payment of the amounts indicated
below to each of the next of kin of the persons executed, who are listed in
Appendix I of this judgment:
i.
US$10,000.00 (ten thousand United States dollars) in the case
of the mother, father, spouse or permanent companion, and each child
of the 19 victims executed;
ii.
US$1,500.00 (one thousand five hundred United States dollars)
in the case of each sibling; and
iii.
These amounts will be increased by the payment of
US$2,000.00 (two thousand United States dollars) to those who
confirm before the State’s competent authorities, by means of the
necessary official information for their identification and proof of the
relationship, that they were children at the time of the massacre and
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