-77Cruz, Enrique Serrano Cruz (deceased), Martha Serrano Cruz, Arnulfo Serrano
Cruz, Oscar Serrano Cruz and Rosa Serrano Cruz, because it has not been
proved that they were affected by the alleged facts of the disappearance of
their sisters[; since,] as they did not testify or prove their alleged suffering,
this cannot be presumed.”
Considerations of the Court
142. The Court will now proceed to determine who should be considered “injured
parties” in the terms of Article 63(1) of the American Convention.
143. First, the Court considers that Ernestina and Erlinda Serrano Cruz are the
“injured party,” as direct victims of the violations of the rights embodied in Articles
8(1) and 25 of the American Convention, in relation to Article 1(1) thereof;
consequently they will be beneficiaries of the reparations that the Court establishes
for non-pecuniary damage.
144. Furthermore, the next of kin of the victims will be beneficiaries of the
reparations that the Court establishes as direct victims of the violations of the rights
embodied in Articles 5, 8(1) and 25 of the Convention, in relation to Article 1(1)
thereof. The Court considers that María Victoria Cruz Franco, mother of Ernestina
and Erlinda Serrano Cruz, and also their siblings, Martha, Suyapa, Arnulfo, José
Fernando, María Rosa and Oscar, all Serrano Cruz, are entitled to reparation, as the
injured party in this case. Since Ernestina and Erlinda’s father died in 1985, prior to
the date of which El Salvador accepted the Court’s jurisdiction, and four of Ernestina
and Erlinda’s siblings, namely Socorro, Irma, José Enrique and Juan, all Serrano
Cruz, also died before that date, none of them is considered a victim of the violations
that have been declared, or a beneficiary of the reparations established in this
judgment.
145. The mother of Ernestina and Erlinda Serrano Cruz, and their siblings Martha,
Suyapa, Arnulfo, José Fernando, María Rosa and Oscar, all Serrano Cruz, will also be
the beneficiaries of any reparations that the Court establishes, in their capacity of
injured party as a direct consequence of the violations committed to the detriment of
Ernestina and Erlinda. In this regard, the Court reiterates that it is presumed that an
individual’s suffering causes non-pecuniary damage to their parents and siblings, and
it is not necessary to prove this.42
146. With regard to the compensation that would correspond to María Victoria Cruz
Franco, Ernestina and Erlinda’s mother, the Court has stated and will repeat that the
right to compensation for the damage suffered by the victims up until the time of her
death is transmitted by succession to her heirs, and that it is a common rule in most
legislations that a person’s heirs are their children.43
B)
PECUNIARY DAMAGE
42
Cf. Case of the Gómez Paquiyauri Brothers, supra note 10, para. 197; Case of the 19 Tradesmen,
supra note 15, para. 229; and Case of Maritza Urrutia, supra note 19, paras. 169 and 169(b).
43
Cf. Case of the Gómez Paquiyauri Brothers, supra note 10, para. 198; Case of Molina Theissen.
Reparations, supra note 4, para. 49; and Case of Bulacio, supra note 8, para. 85.