members of the family, especially those who were in close affective contact with the victim.”338 In addition, the Court has found that the suffering and death of a person causes non-pecuniary damage to their sons, daughters, spouse or permanent companion, mother and father, which does not need to be demonstrated.339 288. Based on its case law, and taking into consideration the circumstances of the instant case, the violations committed, the suffering caused, the time elapsed, the denial of justice, as well as the change in their living conditions, the proven effects on the personal integrity of the next of kin of the victims, and the other consequences of a non-pecuniary nature suffered, the Court establishes, in equity, the following amounts in United States dollars in favor of the victims, as compensation for non-pecuniary damage:340 a) For the seven deceased victims, the sum of US$20,000.00 (twenty thousand United States dollars), which must be delivered to their heirs in accordance with the provisions of paragraph 298 of this Judgment; b) For the 10 surviving victims who were injured, the sum of US$16,500.00 (sixteen thousand five hundred United States dollars); c) For the four surviving victims who were not injured, the sum of US$10,000.00 (ten thousand United States dollars); d) For Sylvie Felizor who was pregnant at the time of the events, and Roland Israel, who was a minor, the additional sum of US$2,000.00 (two thousand United States dollars), and e) For the next of kin of the deceased victims, the additional sum of US$7,000.00 (seven thousand United States dollars) to each son/daughter, father, mother, spouse or permanent companion; of US$5,000.00 (five thousand United States dollars) to each sibling and one grandmother of a victim (see Annex A). 289. The distribution of the amounts indicated in paragraphs 284 to 288(a) shall be made within one year of notification of this Judgment, as follows: a) Fifty per cent (50%) of the compensation shall be shared, in equal parts, between the victims’ children. If one or several of the children are deceased, the part that would have corresponded to them will increase that of the other children of the same victim; b) Fifty per cent (50%) of the compensation shall be delivered to the person who was the victim’s spouse or permanent companion at the time of his or her death; c) In the event that there are no family members in any of the categories defined in the preceding subparagraphs, the corresponding amount shall increase the part that corresponds to the other category; d) If the victim did not have children or a spouse or a permanent companion, the compensation for pecuniary damage shall be delivered to his or her parents; and 338 Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of May 25, 2001. Series C No. 76, para. 106, and Case of Chitay Nech et al. v. Guatemala, supra, para. 276. 339 This criterion has been indicated in other cases, also with regard to daughters, sons, spouse or permanent companion, mother and father, among others. Cf. Case of the Pueblo Bello Massacres v. Colombia, supra, para. 257; Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006. Series C No. 153, para. 159, and Case of Chitay Nech et al. v. Guatemala, supra, para. 276. 340 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, supra, para. 84, and Case of Vélez Restrepo and family members v. Colombia, supra, para. 299. 74

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