35
a)
Fifty percent (50%) of the compensation shall be allocated in equal
shares to the victim’s children. Orailis del Valle Blanco and Edwar José Blanco,
the niece and nephew of Mr. Oscar José Blanco-Romero, who lived under the
same roof with, and were financially dependent on, the victim, are to be put
on an equal footing with the victim’s children for the purposes of allocating
the compensation;
b)
Fifty percent (50%) of the compensation shall be delivered to the
spouse or common-law spouse of the victim as of the date of the victim’s
death or disappearance;
c)
Should the victim have neither children nor a spouse or common-law
spouse, the compensation shall be distributed as follows: fifty percent (50%)
shall be delivered to his parents. Should one of the parents be deceased, the
other shall, in addition, receive that portion as well. The remaining fifty
percent (50%) shall be paid to the victim’s siblings in equal shares; and
d)
Should no next of kin exist in one or more of the above categories, the
portion due to the relatives in such categories shall be proportionately added
to the portion due to the remaining categories.
73.
As to those next of kin of the victims who are beneficiaries of the
compensation set in the instant Judgment and who have died or should die before
receiving the relevant compensation, the same distribution rules as stated in the
preceding paragraph shall apply.
B)
PECUNIARY DAMAGE
Arguments by the Commission
74.
The Commission stated as follows:
a) the victims’ next of kin suffered “multiple consequences[,] including the
loss of children, parents, spouses or relatives who, in many cases, were the
source of support for the family group;”
b) due to such loss, the next of kin sustained considerable and decisive
material losses. Furthermore, they stopped receiving their usual income,
which they needed for their support; and
c) it requested that the Court set, on equitable grounds, the amount of
compensation for damnum emergens and loss of earnings.
Arguments by the representatives
75.
As regards damnum emergens, the representatives stated as follows:
a) it should cover the expenses incurred by the next of kin of Messrs. Oscar
José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-
91.
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