96
his mother and father, two sisters, one brother and an aunt; and Juan Gabriel MariñosFigueroa, his mother and father, four sisters and two brothers.
191. On the subject of pecuniary damage, the Commission noted that the next of kin of
the alleged victims were required to be compensated for consequential damages, as they
have made, and continue to make, significant monetary efforts in their quest to see justice
done at the local level, and possibly to overcome the physical, psychological and moral
trauma inflicted upon them by the State’s actions. The Commission further stated that the
alleged victims should be granted compensation for lost earnings. Accordingly, the
Commission requested that the Court set, in fairness and by virtue of its broad authority in
this regard, the amount of compensation for consequential damages and lost earnings.
192. According to the Commission, the Court has suggested that a presumption exists
regarding non pecuniary damage suffered by the victims of breaches of human rights. The
Commission further argued that, in the case at hand, the next of kin of the alleged victims
were, in turn, the victims of intense psychological suffering, distress, uncertainty, sadness
and the disruption of their own lives, among other things, owing to the lack of justice for the
forced disappearance and the extra-legal execution of their loved ones. Those next of kin
have a fair expectation of justice in order to try and have the historical truth of the facts
established and the guilty parties punished. Therefore, the Commission requested that, in
fairness, the Court set the amount of compensation for non pecuniary damage.
193. As to the measures of satisfaction and guarantees of non-repetition, the Commission
requested the Court to order the State:
a)
b)
c)
d)
e)
to carry out an exhaustive judicial investigation of the facts of the instant
case, identifying all guilty parties, including both physical and intellectual
perpetrators, leading to the punishment of those convicted therefor;
to take such measures as may be required in order to establish the
whereabouts of Dora Oyague-Fierro, Felipe Flores-Chipana, Marcelino
Rosales-Cárdenas, and Hugo Muñoz-Sánchez, who still remain missing, and,
as the case may be, to release their remains to their next of kin;
after obtaining the opinion of the victims’ next of kin, the State should offer
symbolic recognition with a view to keeping alive the historical memory of the
victims and of UNE, and erect a public monument in memoriam of the
victims;
that the judgment to be handed down by the Court be widely publicized in
Perú, and
to pass, as part of its domestic law, any and all such measures as may be
required to effectively guarantee that Laws No. 26,479 and No. 26,492 will
have no legal effects, as their provisions are in conflict with the American
Convention.
194. The Commission requested that the Court order the State to pay the legal expenses
and costs incurred by the victims’ next of kin in connection with the processing of this case,
both at the national level and through the Inter-American system.
Arguments of the representatives
195. The representatives echoed most of the arguments set forth in the Commission’s
application on the subject of reparations. In addition, they stated, inter alia, that:
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos