60
176. In their brief of April 30, 1999, the next of kin indicated that, as a result of
the facts, the victim’s mother had suffered physical and mental damage that
prevented her from continuing with the bakery that supported the family and of
which the victim was the administrator. Owing to this, they requested an amount of
US$35,000.00 (thirty- five thousand United States dollars). Also, the lack of
investigation into the victim’s disappearance has seriously affected the physical and
mental health of the next of kin in general, and they therefore requested
US$15,000.00 (fifteen thousand United States dollars) for the mother and
US$10,000.00 (ten thousand United States dollars) for each of the victim’s four
siblings.
The Commission’s arguments
177. In its briefs of August 31, 1998, and August 2, 1999, the Commission
indicated that, owing to the violation declared by the Court with regard to this victim,
that is, for not initiating the corresponding judicial proceeding and obtaining an
effective official investigation into the victim’s assassination, a general compensatory
amount of US$15,000.00 (fifteen thousand United States dollars) should be granted.
The State’s arguments
178. In its communication of June 13, 2000, the State declared that it did not
share the Commission’s opinion, because the State’s obligation did not entail a
specific positive result to an investigation into the death of the victim, but to “provide
legal methods to prosecute the crime.” However, the State would agree to
establishing the amount of the compensation at US$5,000.00 (five thousand United
States dollars).
The considerations of the Court
179. In its judgment on merits, this Court considered that there was insufficient
evidence to attribute responsibility for the death of Erick Leonardo Chinchilla to the
State40. Therefore, with regard to this victim, the Court is unable to condemn the
State to pay compensations for facts that do not relate to the declared violation of
Article 8(1) of the Convention, which is the case of the next of kin’s request for
reimbursement for the loss of the family business.
180. Owing to the nature of the declared violation in this case, the Court considers,
in fairness, that it is appropriate to establish a compensation in the sum of
US$8,000.00 (eight thousand United States dollars), an amount to be delivered to
the mother of Erick Leonardo Chinchilla, María Luisa Chinchilla Ruano.
181. As for the dispute between the parties about the investigation in the judicial
sphere, this Court will refer to that point in the section corresponding to other forms
of reparation (infra X).
*
*
*
OSCAR VÁSQUEZ AND AUGUSTO ANGÁRITA RAMÍREZ
40
Cf. Paniagua Morales et al. case, supra note 2, para. 121.
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