each of the siblings of the persons who had disappeared (Judgment cited,
para. 63 and 64 and operative paragraph 1). In this respect, it took into
account that, when the judgment on reparations went into force, the
purchasing power of the dollar in Argentina was well below the existing level
in most countries of the continent.
4)
In the Blake and Castillo Páez cases, the Court evaluated and gave full
significance to the evidence submitted concerning the fact that – given the
specific circumstances of the respective cases – the siblings of each of the
victims experienced grave and exceptional suffering owing to their
disappearance (Blake case. Reparations. Judgment of January 22, 1999, para.
57; Castillo Páez case. Reparations. Judgment of November 27, 1998, para.
89). We should not forget that in the first of these two cases, the siblings of
the disappeared person were declared to be direct victims of the violation of
Article 5 of the American Convention (Blake case. Merits. Judgment of
January 24, 1998, paras. 112 to 116). The Court condemned the State of
Guatemala to pay the sum of US$30,000 (thirty thousand United States
dollars) each to Richard Blake Jr. and Samuel Blake, brothers of Nicolas
Chapman Blake, the direct victim of the disappearance (Judgment cited,
operative paragraph 2.a.i) and, also, the State of Peru to pay to Mónica Inés
Castillo Páez, sister of Rafael Castillo Páez, the direct victim in the respective
case, the sum of US$30,000 (thirty thousand United States dollars)
(Judgment cited, para. 90 and operative paragraph 1).
It is therefore an innovation that the Inter-American Court has condemned a State to
pay reparations for non-pecuniary damage to the siblings of the direct victims of
homicides and forced disappearances, even though it was not proven that the
siblings and the victim saw each other often or maintained alive the affective
relations corresponding to their ties of consanguinity in some other way. This means
that the Court has extended to the siblings, the presumption that applies to the
parents of the victims of homicides or disappearances in its judgments, regarding the
psychological and emotional sufferings caused by facts of such a horrendous nature
– a presumption which, it is worth recalling, does admit evidence to the contrary.
When establishing, in fairness, the amount of the respective compensations, the
Court has acted with caution, calculating at US$1,000.00 (one thousand dollars) the
amount of the reparation for each of the victim’s siblings. In my opinion, the caution
has been greater than justified, but I must recognize that it is in keeping with the
presumptive nature of the damage in question.
Both the use of reasonable presumptions (which admit evidence to the contrary)
and, in particular, the inclusion of the victim’s siblings within the sphere of the
persons who may be presumed to be affected by homicides and other facts of a
similar gravity, corresponds to the evolution of comparative law, concerning the law
on responsibility. By taking the step I have referred to in this opinion in the
Paniagua Morales case, the Court – in order to protect the human being and in the
context of the application of the American Convention – is opportunely incorporating
this evolution of comparative law in order to achieve integral reparation for the
damage in question.
Carlos Vicente de Roux-Rengifo
Judge
Manuel E. Ventura-Robles
Secretary
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