4
State of Apure, a pamphlet entitled “Poverty Estimates at 30/06/94”, and a pamphlet
entitled “Some social indicators by federal unit, period 1990-1994.” At the hearing, the
Commission supplied two legal authorizations of the powers granted by the victims'
relatives; a brief containing the statement by the Venezuelan Government's representative
before the Commission; various documents including newspaper clippings, and others
referring to meetings of the attorneys in the case with the next of kin and survivors; a book
entitled “Comandos del crimen: la masacre de El Amparo” (Commandos of Crime: the El
Amparo Massacre) and a brief addressed to the Secretary of the Court on the various steps
of the proceedings.
11.
Through a communication of April 29, 1996, the Secretariat, on instructions from the
President of the Court, requested the Commission to clarify its position on a number of
points relating to loss of earnings and Costs and Expenses (daño emergente) in the case.
The Commission clarified its position, on receipt of the briefs from the victims'
representatives of May 13 and 29, 1996. Inasmuch as these notes presented discrepancies
vis-à-vis those previously submitted by the Commission and the victims' representatives,
clarification was again sought from the Commission, which responded in a note of
September 13, 1996 endorsing the observations contained in the brief from the victims'
representatives on September 4, 1996 “that it is therefore [the Court] that would ultimately
rule.”
IV
12.
In order to take an informed decision on the amount of the indemnities, in a manner
in keeping with the necessary technical considerations, the Court decided to avail itself of
the professional services of an actuarial expert. To that end, Licenciado Eduardo Zumbado
J., a consultant actuary in San José, Costa Rica, was engaged. The Secretariat of the Court
received his report on August 5 and 9, 1996. The actuary simply made the arithmetical
calculations on the basis of the data contained in the parties' briefs and the evidence
presented in the docket.
V
13.
Venezuela recognizes its responsibility in the instant case, which means that it
accepts as accurate the facts described in the petition of January 14, 1994, this being the
interpretation of the Judgment delivered by the Court on January 18, 1995. Nonetheless,
the parties disagree on the scope of the reparations and the amount of the indemnities and
costs. The Court will rule on that conflict of opinion in this Judgment.
14.
The provision applicable to reparations is Article 63(1) of the American Convention,
which reads as follows:
1. If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or
freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure
or situation that constituted the breach of such right or freedom be remedied and that fair
compensation be paid to the injured party.