5
eight hundred and forty-five thousand lempiras; and punitive damages, two million four hundred
and twenty-two thousand lempiras.
They especially request
that Emma Guzmán de Velásquez and her minor children, Héctor Ricardo, Nadia and
Herling Velásquez Guzmán, be recognized as the beneficiaries, and that the
Government of Honduras be ordered to adopt special legislation making that
determination, in order to facilitate the payment of indemnity without the need for
judicial proceedings for a declaration of absence, presumed death or declaration of
heirship. For that purpose, we formally state on behalf of those persons that there
are no other persons with a superior claim to inherit from Manfredo Velásquez.
Moreover, they ask the Court to establish deadlines within which the Government should make
moral reparation, and to reserve the right to see that they are met. Regarding the monetary
reparation, they ask the Court to set "a deadline of 90 days for the execution of the judgment,
and that a lump-sum payment be made prior to that date to Emma Guzmán de Velásquez."
10.
On March 10, 1989, the Delegate of the Commission submitted a clinical report prepared
by a team of psychiatrists on the state of health of the family of Manfredo Velásquez.
11.
The Agent informed the Court on March 14, 1989 that, in payment of the indemnity, his
Government was willing to apply the Honduran law of the National Social Security Institute for
Teachers (Instituto Nacional de Previsión del Magisterio), which it considered the most favorable
law in this case because it establishes the right to payment of thirty-seven thousand and eighty
lempiras in life insurance, and four thousand one hundred and twenty lempiras as a severance
benefit. In addition, the Government offered a voluntary contribution toward the indemnity to
bring the total to one hundred and fifty thousand lempiras.
12.
On March 15, 1989, the Court held a public audience to hear the parties regarding the
indemnity to be awarded.
The following persons were present:
a)
in representation of the Government of Honduras,
Ambassador Edgardo Sevilla Idiáquez, Agent
b)
in representation of the Inter-American Commission on Human Rights,
Dr. Edmundo Vargas Carrreño, Delegate
Dr. Claudio Grossman, Adviser
c)
called by the Commission, Dr. Federico Allodi, a psychiatrist, testified to the emotional
harm suffered by the family of the victim.
13.
As instructed by its President, the Secretariat of the Court addressed the Government on
April 3, 1989, to request the following information to be duly certified by the appropriate officials:
1.
The dates of birth of Manfredo Velásquez Rodríguez and Saúl Godínez Cruz,
with their civil status at the time of disappearance as established by Honduran law;
2.
The position or positions they held and the salaries or other income they
received, either from the government, government entities or private institutions,