88
107. The next of kin of the 37 homicide victims and missing persons and of the
three surviving victims, insofar as they had the rights to fair trial, to due process and
to effective remedy which they were denied and which were abridged, directly
suffered a non-pecuniary damage. The Court deems that this damage must be
compensated, in fairness, by payment, to each of said next of kin, of the following
amounts:
a)
US$5,000.00 (five thousand United States dollars) in the case of the
mother, of the father, of the spouse or of the companion or permanent
companion and of every son and daughter; and
b)
US$2,000.00 (two thousand United States dollars) in the case of each
sister or brother.
Violation of the rights to fair trial, to due process and to effective remedy will be
compensated, in identical terms, in the case of the four persons who lost their lives
under the circumstances that are the context of the facts of the instant case, but
whose deaths were not attributed to the State in the judgment on the merits
because there was no recognition of State responsibility in this regard. Said next of
kin did not have access to justice to elucidate the circumstances and responsibilities
in connection with the demise of the four aforementioned persons, and this caused
them a non-pecuniary damage that must be compensated in the manner stated.
108. Ivonne Pirela Chacón, an aunt of José del Carmen Pirela León, and Judith
Borjas Romero, an aunt of Roberto Segundo Valbuena Borjas, will be treated, for the
purposes set forth in the previous paragraph, in the same manner as the mothers of
the victims.
109. The surviving victims, Henry Eduardo Herrera Hurtado, Gregoria Matilde
Castillo and Noraima Sosa Ríos, also suffered violation of their rights to fair trial, to
due process and to effective remedy, which generated non-pecuniary damage to
them. The Court deems that this damage must be compensated, in fairness, by
means of payment, to each of them, of US$5,000.00 (five thousand United States
dollars).
110. In the following table, the Court presents the amounts of compensation that
must be paid, for non-pecuniary damage, in connection with each of the victims and
their next of kin:
Non-pecuniary Damage
Homicide victims whose remains were delivered to their next of kin
Miguel Ángel Aguilera La Rosa
US $
15,000.00
Lesbia Del Valle Núñez (wife)
US $
25,000.00
Next of kin
Lesmi Laurieli Aguilera Del Valle (daughter)
US $
25,000.00
Emily Yannara Aguilera Del Valle (daughter)
US $
25,000.00
Miguel Ángel Aguilera Del Valle (son)
US $
25,000.00
Miguelina La Rosa (mother)
US $
25,000.00
Victim