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).

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos