2
[...]
7.
Rule[d] that the State of Guatemala is obliged to make reparation for the
consequences of the declared violations and pay fair compensation to the victims and,
where appropriate, to their next of kin.
[...]
8.
Order[ed] the initiation of the reparations phase and entrust[ed] the pertinent
action to its President.
2.
The Judgment on reparations issued in the instant case by the Inter-American
Court on May 25, 2001, in which it decided:
1.
To order the State of Guatemala to pay:
A.
For Anna Elizabeth Paniagua Morales
a.
US$108,759.00 (one hundred and eight thousand seven hundred and fifty-nine
United States dollars)1, as compensation for the loss of earnings of Anna Elizabeth
Paniagua Morales, and this amount shall be given to her daughter, María Elisa Meza
Paniagua;
b.
US$10,000.00 (ten thousand United States dollars), for the expenses incurred
by the family of Anna Elizabeth Paniagua Morales, and this amount shall be given to
María Ildefonsa Morales Chávez, as the victim’s mother so that she may distribute it in
accordance with the expenses that the family incurred; and
c.
US$54,000.00 (fifty-four thousand United States dollars), for non-pecuniary
damage caused to Anna Elizabeth Paniagua Morales and to her next of kin, this global
amount to be distributed as follows: US$20,000.00 (twenty thousand United States
dollars) for María Elisa Meza Paniagua (the victim’s daughter), US$15,000.00 (fifteen
thousand United States dollars) for María Ildefonsa Morales Chávez (mother),
US$5,000.00 (five thousand United States dollars) for Antonio Paniagua (father),
US$5,000.00 (five thousand United States dollars) for Blanca Lidia Zamora (the victim’s
sister-in-law), US$5,000.00 (five thousand United States dollars) for Alberto Antonio
Paniagua Morales (brother) and US$4,000.00 (four thousand United States dollars), to
be distributed equally between the siblings: Blanca Beatriz, Hugo Morani, Elsa Carolina
and German Giovanni, all Paniagua Morales.
B.
For Julián Salomón Gómez Ayala:
a.
US$25,855.00 (twenty-five thousand eight hundred and fifty-five United States
dollars), as compensation for the loss of earnings of Julián Salomón Gómez Ayala, and
this amount shall be divided equally and given to the victim’s son, Julio Salomón Gómez
Flores, and to his companion, Bertha Violeta Flores Gómez;
b.
US$3,000.00 (three thousand United States dollars), for the expenses incurred
by the next of kin of Julián Salomón Gómez Ayala, and this amount shall be divided
equally and given to the victim’s parents, Petronilo Gómez Chávez and Blanca Esperanza
Ayala de la Cruz, and his companion, Bertha Violeta Flores Gómez; and
c.
US$27,000.00 (twenty-seven thousand United States dollars) as compensation
for the non-pecuniary damage caused to Julián Salomón Gómez Ayala and to his next of
kin, this global amount to be distributed as follows: US$20,000.00 (twenty thousand
United States dollars), distributed in equal parts to Bertha Violeta Flores Gómez, the
victim’s companion, Julio Salomón Gómez Flores, his son, and his parents, Petronilo
Gómez Chávez and Blanca Esperanza Ayala de la Cruz, and the amount of US$7,000.00
1
Paragraph 225 of the May 25, 2001 Judgment on reparations in the “White Van” (Paniagua
Morales et al.) Case provides that: “[t]he State may comply with its obligations by making the payments
in United States dollars or the equivalent in Guatemalan currency, using the exchange rate between these
two currencies in force in the New York, United States, market on the day before the payment, to make
the calculation.”
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