whom they consider beneficiaries of the reparations and, in their brief with final
arguments, said representatives also included fourteen next of kin.
Arguments of the Commission
50.
With respect to this point, the Commission stated that:
a)
the wishes of the next of kin of the victims, expressed by their
representatives, must be an important consideration when reparations are
determined to remedy, insofar as possible, the damage resulting from the
“massacre” in Las Palmeras and its non-elucidation before domestic courts.
The purpose of the requests made by the Commission is to complement those
claims. Therefore, it agrees with the arguments of said representatives
regarding the grounds for reparations in the instant case, as well as regarding
payment of compensation for “moral damage;”
b)
with respect to attribution of this damage, the expert opinion gives
rise to a presumption that the consequences of impunity prevailing in the
instant case affect the closest kinship group –parents, children, spouses, and
siblings- of the victims who died. Evidence provided regarding eleven of the
next of kin of the victims is representative of the emotional situation and the
consequences suffered by the kinship groups referred to in the judgment on
the merits and which must be applied in connection with all of them; and
c)
it rejects the standards proposed by the State to determine
reparations for denial of justice, as they are not applicable to this case, they
are based on domestic legal theses, and they do not fulfill the criteria of the
case law of the Court.
51.
Likewise, in its brief with final arguments, the Commission submitted the list
of persons who, in its opinion, should be deemed entitled to reparations.
Arguments of the State
52.
The State argued that:
a)
with respect to the claim of the representatives of the next of kin of
the victim that the State should pay monetary compensation to them for the
moral damage suffered due to judicial delay and fear of alleged imminence of
harm, it believes that compensation for the detriment should be in direct
proportion to the magnitude of the damage caused. The right to “prompt and
complete justice” cannot be redressed by means of a sum of money, which is
only useful to compensate for damage that can be quantified monetarily;
b)
the State does not deny the generic obligation to compensate for
moral damage caused by facts for which it is responsible. Nevertheless, since
investigations are still ongoing, the only way to repair the detriment suffered
by the next of kin of the victims, which consists of not having received the
reply one would expect from prompt and complete administration of justice, is
by swiftly and seriously accelerating the proceedings to modify the situation
that fosters impunity, instead of ordering the State to pay indemnification.
Furthermore, the amounts requested and their distribution among the next of
kin are disproportional; and
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