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period of incapacity of Messrs. Omeara Carrascal and Álvarez Sánchez. In the case of Mr.
Omeara Miraval, despite the calculation by the State and by the representatives based on the
minimum wage, the amount varies substantially. In consideration of the foregoing and given
the personal circumstances of each of the victims, the Court sets the following amounts for
each: the sum of USD $50,000.00 (fifty thousand United States dollars) for Noel Emiro Omeara
Carrascal; the sum of USD $100,000.00 (one hundred thousand United States dollars) for
Manuel Guillermo Omeara Miraval, and the sum of USD $25,000.00 (twenty-five thousand
United States dollars) for Héctor Álvarez Sánchez, for compensation for loss of income.
327.
The amounts must be delivered according to the following criteria:
(a) Fifty percent (50%) of the compensation corresponding to each victim will be
distributed, in equal parts, among the children of the victim. If one or more of the
children have already died, the part that corresponds to him or them will increase that
of the other children of the same victim;
(b) the other fifty percent (50%) of the compensation must be delivered to the person
who was the spouse, partner or permanent partner of the victim, at the beginning of the
disappearance or at the time of the victim's death, as appropriate;
(c) in the event that the victim does not have children or a spouse, partner or permanent
partner, what would have corresponded to the next of kin located in that category will
be added to the part that corresponds to the other category;
(d) in the event that the victim does not have children or a spouse or permanent partner,
compensation for material damage will be delivered to his parents or, failing that, to his
siblings in equal parts, and
(e) in the event that the victim had no children, no spouse or partner, no parents, no
siblings, the compensation must be paid to the heirs in accordance with domestic
inheritance law.
F.3. Non-Pecuniary Damages
328. Regarding the amounts for non-pecuniary damage, the representatives requested that
the sum of USD $100,000.00 (one hundred thousand United States dollars) be awarded to each
of the victims for this item, as a consequence of the violations and damages suffered, to: Noel
Emiro Omeara Carrascal, Manuel Guillermo Omeara Miraval and Héctor Álvarez Sánchez.
329. In addition, they requested that each of the members of the three families namely
Omeara Miraval, Omeara Álvarez and Álvarez Solano, whose family unit was violated three
times in less than ten months, be granted compensation of USD $80,000.00 (eighty thousand
United States dollars) for the loss of their loved ones; the impact on the rights of the child of
minors at the time of the events; the ongoing impunity 24 years after the occurrence of the
events, and the ignorance of the reasons for the human rights violations to their detriment.
330.
The Commission did not present specific arguments regarding this measure.
331.
The State did not comment specifically on this request by the representatives.
332. The Court has established that non-pecuniary damage “may include both the suffering
and afflictions caused by the violations, and also the impairment of values of great significance
to the individual and any alteration, of a non-pecuniary nature, in the living conditions of the
victims.”323. Alternatively, given that it is not possible to assign a precise monetary equivalent
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84, and Case of López Soto et al. v. Venezuela, supra, para. 372.
323