53
20,000.00 (twenty thousand United States dollars) to the benefit of Mrs. Blanca Fernández
and Mr. Jacobo Kawas-Kury, each; USD$ 10,000.00 (ten thousand United States dollars) to
the benefit of Jacobo Kawas-Fernández and, the amount of USD$ 5,000.00 (five thousand
United States dollars) to the benefit of Mrs. Carmen Marilena and Mr. Jorge Jesús, both
bearing the surname Kawas-Fernández, each. The amount corresponding to Mr. Jacobo
Kawas-Kury must be paid in equal parts to his children.
185. Moreover, as previously held by the Court,223 in cases such as the instant case, the
non-pecuniary damage inflicted upon the victim is evident. In this regard, and even though
no request has been made to this effect by the Commission or the representatives, the
Court has decided to order the State to pay compensation in the amount of USD$ 50,000.00
(fifty thousand United States dollars) on account of the moral damage sustained by Blanca
Jeannette Kawas-Fernández. Said amount shall be paid in full and in equal parts to the
victim’s children Selsa Damaris and Jaime Alejandro Watt-Kawas.
*
**
186. The State shall pay these compensations for pecuniary and non-pecuniary damage
directly to their beneficiaries within one year from the date of service of this Judgment, in
accordance with infra paras. 221 to 225.
*
**
C)
Obligation to investigate the facts that resulted in violations in the instant
case, and to identify, prosecute and, as the case may be, punish those responsible
187. The Inter-American Commission requested the Court to order the State: a) to
expeditiously conduct a full, impartial and effective judicial investigation intended to
establish the circumstances in which Mrs. Blanca Jeannette Kawas-Fernández was killed,
identify all persons involved in her death at the various decision-making and execution
stages, and impose the appropriate punishment; and b) to expeditiously conduct a full,
impartial and effective judicial investigation into the obstructions of justice that took place in
the proceeding concerning the murder of Mrs. Blanca Jeannette Kawas-Fernández. The
Commission argued that the State is required to comply with its obligations to “investigate
the facts and make known those which can be sufficiently established; […] prosecute and
punish those responsible therefor; [and] remove from the security forces anyone who has
been proven to have committed, ordered or tolerated such abuses […].” In its final written
arguments, the Commission put emphasis on “the State’s obligation to remove all such
factual and legal obstacles as may hinder the exhaustive judicial clarification of the human
rights violations committed in the instant case.”
188. The representatives requested the Court to order the State to “[i]nvestigate,
prosecute and punish those responsible for planning and carrying out the execution of
Jeannette Kawas, as well as those who committed irregularities and omissions in the
223
Cf. Case of Myrna Mack-Chang. Merits, Reparations and Costs, supra note 8, para. 260; Case of CarpioNicolle et al. V. Guatemala. Merits, Reparations and Costs. Judgment of November 22, 2004. Series C No. 117,
para. 117; Case of Zambrano-Vélez et al. Merits, Reparations and Costs, supra note 87, para. 142; and Case of
Huilca-Tecse. Merits, Reparations and Costs, supra note 183, para. 97.
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