39
a) Wilmer Zambrano Vélez and his family members: Alicia Marlene Rodríguez Villegas (partner), Karen
Lissette Zambrano Rodríguez (daughter)113, Johanna Elizabeth Zambrano Abad (daughter), Jennifer
Karina Zambrano Abad (daughter), Ángel Homero Zambrano Abad (son), Jessica Marlene Baque
Rodríguez (foster daughter) and Christian Eduardo Zambrano Ruales (son).
b) Segundo Olmedo Caicedo Cobeña and his family members: Silvia Liza Macías Acosta (partner), Vanner
Omar Caicedo Macías (son), Olmedo Germán Caicedo Macías (son), Marjuri Narcisa Caicedo Rodríguez
(daughter), Gardenia Marianela Caicedo Rodríguez (daughter), Elkis Mariela Caicedo Rodríguez
(daughter), Richard Olmedo Caicedo Rodríguez (son), Iris Estrella Caicedo Chamorro (daughter) y
Mayerlin Chamorro (daughter).
c)
José Miguel Caicedo Cobeña and his family members: Teresa María Susana Cedeño Paz (partner),
María Magdalena Caicedo Cedeño (daughter), Jessica Soraya Vera Cedeño (daughter), Manuel
Abelardo Vera Cedeño (son), Brimer Ramón Vera Cedeño (son), Kleber Miguel Caicedo Ponce (son),
Mariuxi Mariela Caicedo Ponce (daughter), José Kelvin Caicedo Ponce (son), Cira Seneida Caicedo
Ponce (daughter), Gina Loyobrígida Caicedo Ponce (daughter).
136. Regarding the distribution of compensations between the family members of the deceased
victims for the corresponding pecuniary and non-pecuniary damages, the Court determines
according to criteria applied in various cases114 that it shall be made according to the following:
a)
fifty per cent (50%) of the compensation will be divided in equal parts between the
sons and daughters of the victims;
b)
fifty per cent (50%) of the compensation will be given to the person who was partner
of the victim at the time of his death; and
c)
if there was to be no family members in one or more of the categories defined in the
aforementioned subparagraphs, the amount of compensation which would have
corresponded to the family members from this or those categories shall proportionally
increase the part corresponding to the others.
137. As for the victims’ family members that are beneficiaries of the compensations ordered in
the instant Judgment who would have passed away or should pass away before receiving the
respective compensation, the said compensation shall be given to their rights-holders, in
accordance with the applicable domestic law.
B)
COMPENSATIONS
138. The Court has developed, in its case-law, the concept of pecuniary damage and the
situations in which it shall be compensated115.
139. After analyzing the information submitted by the parties, the facts of the case and its own
case-law, the Court observes that even though no receipts were submitted for the expenses, it can
be presumed that the family members of the three deceased victims incurred several expenses as
This person has been identified as “Linda Zambrano Rodríguez” in the application and in the brief on pleadings and
motions. Subsequently, the representatives submitted the document of citizenship of “Karen Lissette Zambrano Rodríguez”
and in their final written arguments, they indicated that “by affection they called her LINDA”. As such, the Court considers
that the correct name of this family member is Karen Lissette.
113
Cf. Case of the Rochela Massacre, supra note 7, para. 237; Case of the Miguel Castro-Castro Prison, supra note 14,
para. 421 and Case of Goiburú et al., supra note 75, para. 148.
114
Cf. Case of Bámaca-Velásquez. Reparations, supra note 14, para. 43. See also Case of La Cantuta, supra note 7,
para. 213, and Case of the Miguel Castro-Castro Prison, supra note 14, para. 423. Similarly, Case of Caballero-Delgado and
Santana. Reparations. Judgment of January 29, 1997. Series C No. 31, para. 39.
115