83
domestic level, and that they incurred no expenses in litigating this case,
either before the Commission or this Court; and that, even if they did, they
failed to prove so.
Considerations of the Court
A)
BENEFICIARIES
216. The Court considers Mr. Damião Ximenes-Lopes as the “aggrieved party”,
inasmuch as he was the victim of violations of rights established in Articles 4(1) and
5(1) and 5(2) of the American Convention in relation to Article 1(1) of said
instrument, so he will be entitled to any reparations the Court may establish as
compensation for pecuniary and non-pecuniary damage.
217. In addition, this Court considers Albertina Viana-Lopes and Irene XimenesLopes-Miranda, next of kin of Mr. Damião Ximenes-Lopes, as “aggrieved parties,”
inasmuch as they have been victims of violations of rights established in Articles 5,
8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof ( supra
paras. 163 and 206). Moreover, this Court considers Francisco Leopoldino-Lopes and
Cosme Ximenes-Lopes, next of kin of Mr. Ximenes-Lopes as “aggrieved parties,”
inasmuch as they have been victims of the violation of the right established in Article
5 of the American Convention, in relation to Article 1(1) thereof ( supra para. 163).
Therefore, this Court considers that the above-mentioned persons are entitled to
receive the reparation this Court may order.
218. Albertina Viana-Lopes and Irene Ximenes-Lopes-Miranda, Francisco
Leopoldina-Lopes and Cosme Ximenes-Lopes, are entitled to the reparation that this
Court may determine as a consequence of the violations committed against Mr.
Damião Ximenes-Lopes, and which shall be distributed as follows:
a)
eighty percent (80%) of the compensation shall be distributed equally
among Albertina Viana-Lopes and Irene Ximenes-Lopes-Miranda, and
b)
twenty percent (20%) of the compensation shall be distributed equally
among Francisco Leopoldino-Lopes and Cosme Ximenes-Lopes.
219. Should the next of kin entitled to the compensations determined in this
Judgment die before their compensation is effectively granted and delivered, the
amount they were entitled to shall be distributed pursuant to the rules of domestic
law. 150
B)
PECUNIARY DAMAGE
220. This Court will now assess the pecuniary damage, which involves a loss or
impairment of the earnings of the victim and, if appropriate, of his next of kin, and
150
Cf. Case of Baldeón-García, supra note 4, para. 192; Case of López-Álvarez, supra note 121, para
203; and Case of Gómez Palomino, supra note 21, para. 123.