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Jeremías-Rivas, the parents of José Francisco Rivas-Fernández, on account of each of
the expense items listed in the preceding paragraph. In this regard, the Court finds it
appropriate to set, on equitable grounds, the following sums of money as
compensation on this account:
a)
US$ 1,000.00 (one thousand United States dollars) payable to Mrs.
Alejandra Josefina Iriarte de Blanco, the wife of Mr. Oscar José BlancoRomero;
b)
US$ 1,000.00 (one thousand United States dollars) payable to Mrs.
Gisela Romero, the mother of Mr. Oscar José Blanco-Romero;
c)
US$ 500.00 (five hundred United States dollars) payable to each of
Mrs. Aleidy Maritza Hernández-Paz and Teodora Paz de Hernández, the sister
and mother of Mr. Roberto Javier Hernández-Paz, respectively; and
d)
US$ 1,000.00 (one thousand United States dollars) payable to the
parents of Mr. José Francisco Rivas-Fernández. Out of such amount, US$
500.00 (five hundred United States dollars) is to be paid to Mrs. Nélida
Josefina Fernández-Pelicie and US$ 500.00 (five hundred United States
dollars) to Mr. Francisco Jeremías Rivas.
C)
PECUNIARY DAMAGE
Arguments by the Commission
83.
The Commission stated that:
a) the next of kin of the victims have suffered the loss of their family
members under traumatic conditions, attended by the anguish and
uncertainty of not knowing where they are. The delay in investigating into the
events and the lack of effective action to identify, prosecute and punish those
responsible increase the suffering of the aforementioned next of kin;
b) to the serious consequences of the events “must be added the detention,
mistreatment, insulting and further humiliations suffered by Mrs. Nélida
[Josefina Fernández-Pelicie] and the aggressive and aloof treatment suffered
by [Mrs. Iriarte de Blanco] and the next of kin of Mr. Roberto Javier
Hernández-Paz during their endless search”; and
c) it requested the Court to order payment of compensation for non pecuniary
damages, on equitable grounds and considering the circumstances in the
instant case.
Arguments by the representatives
84.
The representatives stated that:
a) the irreversible nature of the violations renders restitutio in integrum
impossible, for they infringe rights such as the right to personal liberty, to
humane treatment, to life, to judicial protection and to a fair trial. The time,
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