29 community of nations should, be applied in the instant case, in order to determine the victims’ successors for purposes of compensation25. 85. Moreover, the next of kin or third parties may claim the damage that the death of the victim caused them in their own right26. However this Court has indicated that certain conditions must be met; these include the existence of a relationship of regular and effective financial support between the victim and the claimant, the possibility of realistically presuming that this support would have continued if the victim had not died, and that the claimant would have had a financial need that was regularly satisfied by the support provided by the victim27. 86. With regard to such claimants, the onus probandi corresponds to the next of kin of the victim28, and the expression “next of kin of the victim” should be understood in an extensive form that covers all those persons closely related to him; in other words, his children, parents and siblings, who could be considered next of kin and have the right to receive a compensation, provided they fulfill the requirements established by the Court’s jurisprudence29. For the effects of the case sub judice, this type of reparation will be examined in the corresponding section (infra IX), according to the circumstances of each of the victims and the body of evidence that the next of kin have submitted to this Court. VIII PROVEN FACTS 87. The Court will base itself on the facts admitted as proven in the judgment of March 8, 1998, in order to determine the measures of reparation that are in order in this case. Moreover, at this stage of the proceeding, the parties have also submitted new elements of evidence to the file to demonstrate the existence of complementary facts that are relevant for determining the measures of reparation. 1) Concerning the victims in the case a) The exchange rate for the Guatemalan currency in relation to the United States dollar in February and March 1988 was Q2.55 (two quetzales and fifty-five cents), applicable to all except Julián Salomón Gómez Ayala, who died on June 1, 1987 (infra 87.3.b). 25 Aloeboetoe et al. case, Reparations, supra note 19, para. 62 and Cf. Castillo Páez case, Reparations, supra note 2, para. 86; Neira Alegría et al. case, Reparations, supra note 19, para. 60; and El Amparo case, Reparations, supra note 19, para. 40. 26 Cf. Castillo Páez case, Reparations, supra note 2, para. 59; Garrido and Baigorria case, Reparations, supra note 22, para. 50; and Aloeboetoe et al. case, Reparations, supra note 19, para. 54. 27 Cf. Aloeboetoe et al. case, Reparations, supra note 19, paras. 67 and 68. 28 Cf. Aloeboetoe et al. case, Reparations, supra note 19, para. 71. 29 Cf. Loayza Tamayo case, Reparations, supra note 2, para. 92.

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