12
seventy-four dollars of the United States of America and fifty-eight cents) for
other telephone expenses; and
d.
the expenses for the treatment of Samuel Blake, incurred by the
family, which to this date total US$96,470.00 (ninety-six thousand, four
hundred seventy dollars of the United States of America, as well as
US$30,000.00 (thirty thousand dollars of the United States of America) to
cover his future treatment. They also stated that Samuel Blake received
psychiatric treatment and he was prescribed medications for the acute
depression that he suffered, for which they spent approximately
US$12,000.00 (twelve thousand dollars of the United States of America).
Likewise, the family procured the assistance of specialists to treat the trauma
that they suffered as a result of the death of Mr. Nicholas Blake.
Consequently, they requested the amount of US$138,470.00 (one hundred
thirty-eight thousand, four hundred seventy dollars of the United States of
America) for medical treatment.
To these expenses are added the expenses related to the proceedings before the
Inter-American system, which will be referred to in the respective chapter (infra 66).
The Court observes that the total of the amounts listed does not concur with the
total amount initially requested by the injured party in its brief on reparations, nor
with the amount indicated in the public hearing; nevertheless, this mathematical
error is irrelevant to the judgment, for which the Court will separately consider each
of the types of expenses mentioned above.
45.
The Commission asserted that Guatemala should make reparation to the
injured party by the payment of adequate compensation for the irreversible injury
they suffered as a consequence of the violation of their rights. It also argued that
this compensation should include material damages resulting as a direct
consequence of the facts proved in chapter VII of the judgment on the merits, and
the damages included in Nicolas Blake’s relatives’ brief on reparations.
The
Commission referred the Court to the calculations and totals requested by the
representatives of the injured party, as well as to the evidence that accompanied
them.
46.
For its part, Guatemala stated that the claims for material injury can not go
forward, because the Court did not declare that there was a violation of Article 4 of
the Convention, and it has not been proved that there are persons who depended
economically on Mr. Nicholas Blake who could have suffered economic detriment. It
added that the reparation of material injury is the right of the victim and of the
dependents, and that, consequently, it can not be extended to other persons who do
not have the status of victim or dependent, and that neither the parents nor the
brothers of Mr. Nicholas Blake proved a dependent economic relationship to him.
47.
The Court rejects the injured party’s claim that the Court order the payment
of US$1,161,949.00 (one million one hundred sixty-one thousand, nine hundred
forty-nine dollars of the United States of America) or US$1,329,367.00 (one million
three hundred twenty-nine thousand, three hundred sixty-seven dollars of the United
States of America), since, as a consequence of the holding in the judgment on the
merits, the amount of reparations in the present case must be limited to those