79
b)
the State must be ordered to provide medical assistance benefits
required to address the physical and psychological damage suffered by the
victims due to the wounds and tortures, as well as those suffered by the next
of kin of the executed and missing persons. If the State does not provide this
care itself, it must be ordered to pay the amount of money required to cover
the respective treatments; and
c)
the statements made before a notary public by the next of kin of the
victims and the expert witness reports provide sufficient information to prove
both pecuniary and non-pecuniary damage.
Arguments of the State
83.
For the reasons stated before regarding application of the estoppel principle,
in the chapter on assessment and use of the evidence (supra paras. 51 to 54), the
Court will not refer, in this section, to the arguments of the State regarding
pecuniary damage.
Considerations of the Court
84.
Taking into account the evidence gathered in the instant case, the case law of
the Court itself, and the arguments of the representatives of the victims and of the
next of kin, as well as those of the Commission, the Court will now establish the
reparations for pecuniary damage suffered by the victims and their next of kin.
a) Consequential damage
85.
With respect to compensation for funerary expenses incurred by the next of
kin of Miguel Ángel Aguilera La Rosa, Armando Antonio Castellanos Canelón, Luis
Manuel Colmenares Martínez, Juan José Blanco Garrido, Daniel Alfredo Guevara
Ramos, Pedro Gustavo Guía Laya, Mercedes Beatriz Hernández Daza, Crisanto
Mederos, Francisco Antonio Moncada Gutiérrez, Héctor Daniel Ortega Zapata,
Richard José Páez Páez, Carlos Elías Parra Ojeda, José del Carmen Pirela León, José
Vicente Pérez Rivas, Jorge Daniel Quintana, Wolfgang Waldemar Quintana Vivas,
Yurima Milagros Ramos Mendoza, Iván Rey, Javier Rubén Rojas Campos, Esteban
Luciano Rosillo García, Leobardo Antonio Salas Guillén, Tirso Cruz Tesara Álvarez,
and Héctor José Lugo Cabriles, all of them homicide victims whose bodies were
delivered by the authorities, the Court deems it appropriate to set them, in fairness,
at US$600.00 (six hundred United States dollars) for each of the victims (infra para.
90).
86.
As regards compensation for other attendant expenses in connection with the
facts of the case, such as those incurred by the next of kin to search for and locate
the victims in various offices, and those incurred or to be incurred for medical
treatment required by the next of kin due to those facts, the Court deems it
appropriate to set it, in fairness, at US$1,000.00 (one thousand United States
dollars) for the 37 homicide victims and missing persons (infra para. 90). Said
compensation will not, however, apply to the three surviving victims, who will be
assigned an item in the following paragraph, nor regarding the four victims in the
instant case with respect to whom the judgment on the merits only found a violation
of their rights protected by Articles 8 and 25 of the Convention.