87
Sosa Ríos and US$15,000.00 (fifteen thousand United States dollars) to Gregoria
Matilde Castillo.
104. The next of kin of 37 homicide victims and missing persons were affected by
the violation of the latter’s human rights, they themselves suffered the
accompanying grief and anguish, and they suffered a harmful modification of their
emotional milieu.
The Court deems that the respective damage must be
compensated, in fairness, by payment, to each of such next of kin of the victims, if
they exist, of the following amounts:
a)
US$20,000.00 (twenty thousand United States dollars) in the case of
the mother; of the father, of the spouse or companion or permanent
companion and of each son or daughter; and
b)
US$5,000.00 (five thousand United States dollars) in the case of each
sister or brother.
The remains of several of the homicide victims and missing persons have not been
delivered to their next of kin. This omission is linked to a set of highly reprehensible
patterns of State action in connection with the handling of the corpses of the victims,
such as the irregular use of common graves and denial of the existence of the latter.
The Court deems that the amounts referred to in this paragraph must be increased
by thirty percent in the cases of victims whose remains have not been delivered to
their next of kin.
105. Ivonne Pirela Chacón, an aunt of José del Carmen Pirela León, and Judith
Borjas Romero, an aunt of Roberto Segundo Valbuena Borjas, who have shown that
they lived under the same roof with their respective nephew and had close emotional
ties with him, will be treated, for the purposes set forth in the previous paragraph, in
the same manner it establishes for the mothers of the victims.
106. The next of kin of the victims who survived and were disabled by the facts of
this case, have also been affected by their suffering. The resulting damage must be
compensated, in fairness, by payment, to each of said next of kin of the victims, if
there were any, of the following amounts:
a)
US$10,000.00 (ten thousand United States dollars) in the case of the
mother and of the father; and
b)
US$2,000.00 (two thousand United States dollars) in the case of each
sister or brother.
As the next of kin of the surviving victims have not been identified in the
development of the proceedings, the provision set forth in the chapter on
beneficiaries (supra para. 73) will be applied to them, for purposes of the
compensation referred to in this paragraph. Therefore, for them to be recipients of
the respective payments, they must appear before the State within twenty-four
months of the date when this Judgment is issued, supplying authentic evidence,
pursuant to domestic legislation, of their status as next of kin of the victims, under
the terms set forth in article 2(15) of the Rules of Procedure in force.