G. Compensation
215. The Commission requested that the State make full reparations for the declared human
rights violations, both pecuniary and non-pecuniary, which should include financial compensation.
216. The State it argued that “all the other crew members of the Rodach vessel who were present
during the events […] have already obtained full reparations for the damages suffered.” It noted
that after the Merits Report was issued, the victims expressed their willingness to reach a
compensation agreement, and to this effect, meetings were held in 2019. However, “the
representatives at the time […] stated that they did not wish to avail themselves of the
compensation provided for by the administrative [r]eparation Program.” It pointed out that “for
reasons beyond the State's control, the circumstances made it impossible to reach an agreement,”
derived from “dissimilar interests and perceptions” between the victims and their representative.
217. It indicated that internally, it has a comprehensive reparation mechanism that is "suitable,
simple, fast, and free," which is available to the victims in order to obtain the corresponding
compensation. It added that it "rejects the attempt to turn the I[nter-American] Court into the
main avenue for reparations," since "[a] decision in this regard would discourage victims from
using domestic avenues and would put at risk the institutions that have been designed for
comprehensive reparations.”
G.1. Pecuniary damages
G.1.1. Consequential damages
218. The representatives indicated that the Casierra Quiñonez family had to incur in various
expenses resulting from the events that occurred. First, they requested the amount of
USD$17,000.00 (seventeen thousand U.S. dollars) for Ms. Shirley Lourdes Quiñonez Bone to
repair her boat, which was damaged by more than forty bullet impacts. They indicated that she
spent approximately USD$10,000.00 (ten thousand United States dollars) to “fix the fiber
chassis,” and another USD$7,000.00 (seven thousand United States dollars) to purchase a new
engine. They added that, because of the time passed, it was not possible to provide proof of
expenses.
219. They added that the Casierra Quiñonez family has been struggling for more than twentyone years to obtain justice, which has generated numerous expenses related to lawyers' fees to
go before national and international authorities, the drafting of documents, the rendering of
statements, transportation, phone calls, lodging, and other items. Consequently, they requested
the amount of USD$30,000.00 (thirty thousand United States dollars) to be delivered, in equal
parts, to Andrés Alejandro Casierra Quiñonez, Sebastián Darlin Casierra Quiñonez, Shirley Lourdes
Quiñonez Bone, and María Ingracia Quiñonez Bone, as the mother of Luis Eduardo Casierra
Quiñonez.
220. They also requested the amount of USD$2,000.00 (two thousand United States dollars),
which was spent on funeral expenses to bury the body of Luis Eduardo Casierra Quiñonez. They
requested that this amount be paid to his mother. Lastly, for the expenses incurred to obtain
medical care, medication, and rehabilitation for Andrés Alejandro and Sebastián Darlin Casierra
Quiñonez, they requested that each be paid the amount of USD$5,000.00 (five thousand U.S.
dollars).
221. The State it alleged that the representatives failed to present any document justifying the
disbursement of expenses for the victims’ medical care. It pointed out that the amount claimed
for the domestic judicial process is excessive and was not supported by any evidence, so it should
be dismissed.
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