50
A)
BENEFICIARIES
119. Firstly, the Court considers that the 37 victims in the instant case (supra para.
60(26)) are the “injured party” as victims of the violation of the rights set forth in
Articles 4 (Right to Life) and 5 (Right to Humane Treatment) of the American
Convention, in relation with Article 1(1) (Obligation to Respect Rights) thereof.
Likewise, this Court considers that the victims´ next of kin are the “injured party”, as
individualized in the instant Judgment (supra para. 60(26)), in their capacity as
victims per se of the violation of the rights set forth in Articles 5(1) (Right to Humane
Treatment), 8(1) (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the
American Convention, in relation to Article 1(1) (Obligation to Respect Rights)
thereof.
120. The victims´ next of kin shall be entitled to compensation for pecuniary
damage and non pecuniary damage as established by the Court in their capacity as
victims per se of the violations to the Convention so declared, and shall also be
entitled to the reparations ordered by the Court in their capacity as successors of the
37 deceased victims.
121. Regarding to the next of kin mentioned in paragraph 35 in the instant
Judgment, who have not submitted any documentary evidence of their kinship, this
Court rules that the compensation to which they are entitled in their capacity as
victims per se and as successors shall be forthwith paid upon appearance before the
competent authorities of the State and submission of the official information
necessary to identify them and determine their kinship.
122. The distribution of compensation among the next of kin of the deceased
victims for the pecuniary and non-pecuniary damage will be as follows:
a)
fifty per cent (50%) of the compensation shall be distributed in equal
parts between the children of the victim and the remaining fifty per cent
(50%) of the compensation shall be paid to whom was the victim’s spouse or
common-law spouse at the time of his/her death. If there is a surviving
spouse or common-law spouse but no descendant or there are descendants
but no surviving spouse or common-law spouse, the entire compensation
shall be distributed as the case may be, and
b)
if there is no surviving spouse or common-law spouse or descendants,
the entire compensation shall be distributed to the victim’s parents, allowing
the surviving parent, if one is dead, the entire compensation. If both parents
are dead, the compensation shall be distributed in equal parts to the victim’s
siblings.
123. In relation to José Ayala-Gualdrón, the representatives requested that the
compensation be paid to his niece Yelitza Figueroa. Since the State admitted said
claims (supra para. 26), in executing the instant Judgment, she shall be equaled to
the victim’s siblings (infra para. 134).
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