62
188. The Court observes that Augusto Angárita Ramírez did not appear before the
Court in person to submit his claims, despite the measures taken to locate the
victims in the case sub judice in Guatemala (supra 13).
*
*
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DORIS TORRES GIL AND MARCO ANTONIO MONTES LETONA
The Commission’s arguments
189. The Commission requested US$15,000.00 (fifteen thousand United States
dollars) as compensation for each of them, based on the fact that they had been
arbitrarily detained, so that they had the right to their lost salaries and compensation
for damage to their reputation and for the emotional effects of the violations.
The State’s arguments
190. The State indicated that the fact that these persons were acquitted in the
domestic sphere constitutes the principal reparation that they could obtain. However,
it established that, in view of the financial losses and damage that were caused, it
considered it appropriate to grant a compensatory amount of US$5,000.00 (five
thousand United States dollars).
The considerations of the Court
191. Although measures were taken to locate the victims in this case, Doris Torres
Gil and Marco Antonio Montes Letona, in Guatemala (supra 13), these persons did
not appear personally and neither did they submit their claims to the Court.
192. With regard to Doris Torres Gil and Marco Antonio Montes Letona, in the
judgment on merits of March 8, 1998, the Court considered that their right to
personal liberty (Article 7 of the Convention) had been violated owing to their
detention.
And although they were later acquitted in the proceeding before
Guatemalan justice, this does not eliminate the violation of the said right.
193. In view of the foregoing, the Court considers that it is fair to establish the
amount of US$3,000.00 (three thousand United States dollars) for Doris Torres Gil
and Marco Antonio Montes Letona as compensation for the damage caused to each of
them (supra 83). The victims or their heirs, if applicable, shall receive this
compensation directly.
X
OTHER FORMS OF REPARATION
The arguments of the next of kin and the Commission
194. Both the Commission and the next of kin of Erick Leonardo Chinchilla and
Julián Salomón Gómez Ayala requested, as an essential part of the reparation, that
the State should conduct a real and effective investigation to identify the persons
responsible for the violations and, eventually, punish them. During the public
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