15
evidence to show that they visited each other frequently or that they took much
interest in the life that their brother was leading when they might have. All that has
been claimed are sporadic visits made when he was in prison. Quite the contrary,
the siblings of Adolfo Garrido only showed serious concern when he disappeared.
The Court considers US$6,000 (six thousand United States of America dollars) to be
fair compensation for moral damages to each of Adolfo Garrido’s siblings.
64.
The siblings of Raúl Baigorria are also seeking compensation for moral
damages caused by the disappearance of their brother. Their situation is analogous
to that of the siblings of the other victim. They are not their brothers’ heirs. They
have not supplied any credible or convincing evidence demonstrating an affective
relationship with the disappeared person that goes beyond simple consanguinity.
There is no evidence that they visited him in prison or took any interest in him.
They only showed an interest in his fate when he disappeared, whereupon they took
several measures to ascertain his whereabouts.
The Court considers fair
compensation to be US$6,000 (six thousand United States of America dollars) for
each of Raúl Baigorria’s siblings.
65.
Thus far Mr. Raúl Baigorria’s natural children have not been located. They
could not claim a right to be compensated for moral damages suffered with their
father’s disappearance, because it was not shown that they ever knew him or knew
of him. But it is undoubtedly the case that as their father’s heirs, they succeed him
in the right to compensation for the suffering he sustained in life. And as already
stated, these moral damages are obvious and do not need to be proven (supra 49).
The Court sets the amount of compensation for moral damages sustained by the
victim at US$40,000 (fourty thousand United States of America dollars) with each
son receiving half.
VIII
OTHER FORMS OF REPARATION
66.
In addition to compensation, the victims’ families are seeking other forms of
reparation. First, they ask that forced disappearance of persons be typified under
the penal code as a federal offense. Given the particular circumstances of the
instant case, the Court does not consider it necessary to address this matter.
Through its agent at the Court’s January 20, 1998 public hearing, the State declared
that the Government had already introduced in the National Congress a preliminary
bill that typified forced disappearance of persons as a crime, in accordance with the
Inter-American Convention on Forced Disappearance of Persons.
67.
The Commission is requesting as reparations that the Court require that "the
Argentine State publicize the report of the ad hoc Commission and the findings as
widely as possible." At the January 20, 1998 hearing, the agent for Argentina stated
that "the commitment to publish [that report] is not only approved, it is done."
Under the particular circumstances of the instant case, and inasmuch as this
judgment requires that Argentina investigate the facts leading to the disappearance
of Mr. Garrido and Mr. Baigorria and punish those responsible (infra 73 and 74), no
decision on the Commission’s request is required.
IX
DUTY TO ACT AT THE DOMESTIC LEVEL