97
i)
B)
that to date the whereabouts of the mortal remains of Mr. Bámaca
Velásquez is not known.27
with respect to the next of kin of Efraín Bámaca Velásquez:
a)
that José León Bámaca Hernández is his father, and his sisters are
Egidia Gebia and Josefina Bámaca Velásquez and Alberta Velásquez,
and that they as well as their father are members of the Mayan
culture, Mam ethnic group. His wife was Jennifer Harbury;28
b)
that Jennifer Harbury suffered pecuniary and non-pecuniary damage
as a result of the detainment, torture, forced disappearance, and
death of Efraín Bámaca Velásquez;29
c)
that the father and sisters suffered non-pecuniary damage as a result
of the detainment, torture, forced disappearance, and death of Efraín
Bámaca Velásquez;30
d)
that Jennifer Harbury began to search at various police stations and
took relevant legal steps, in accordance with domestic legislation, as
well as steps at an international level to find him, which caused
various expenses;31
27
See Testimony of Jennifer Harbury rendered at the Court on November 28, 2001; Testimony of
José León Bámaca Hernández rendered at the Court on November 28, 2001; Testimony of Juan José
Monterroso rendered at the Court on November 28, 2001; March 19, 2001 note signed by José León
Bámaca Hernández, Josefina and Egidia Bámaca Velásquez, Appendix 15 of the brief on Reparations file
by the representatives of the victims (supra para. 5); and video tape under the title “Dirty Secrets:
Jennifer, Everardo, and the CIA in Guatemala”.
28
See Bámaca Velásquez Case, supra note 6, para. 121, subparagraph c).
29
See Testimony of Jennifer Harbury rendered at the Court on November 28, 2001; Testimony of
Juan José Monterroso rendered at the Court on November 28, 2001; Testimony of Emily Jones rendered at
the Court on November 28, 2001; expert opinion rendered by Ana Deutsch at the Court on November 28,
2001; Testimony of Jennifer Harbury rendered at the Court on June 16, 1998; Testimony of Patricia Davis
rendered at the Court on June 18, 1998; medical certificate on treatment given to Mrs. Jennifer Harbury
during her hunger strike in October-November, 1994, issued by Peter R. Kerndt, Director of the Health
Research Association, STD Program, and Associate Clinical Professor of Medicine, University of Southern
California, United States of America, Appendix 4 of the brief on Reparations filed by the representatives of
the victims (supra para. 5); brief by Kimberly H. Pappas addressed to the Inter-American Court on March
24, 2001, as nurse during Mrs. Jennifer Harbury’s hunger strike in October-November, 1994, Appendix 5
of the brief on Reparations filed by the representatives of the victims (supra para. 5); April 18, 2001
certificate by Elizabeth Desimone, addressed to the Court in connection with the health condition of Mrs.
Jennifer Harbury during the hunger strike in November, 1994, Appendix 5 of the brief on Reparations filed
by the representatives of the victims (supra para. 5); and video tape under the title “Dirty Secrets:
Jennifer, Everardo, and the CIA in Guatemala”, submitted by the representatives of the victims (supra
para. 5).
30
See Testimony of Juan José Monterroso rendered at the Court on November 28, 2001;
Testimony of José León Bámaca Hernández rendered at the Court on November 28, 2001; expert opinion
rendered by Anna Deutsch at the Court on November 28, 2001; and video tape under the title “Dirty
Secrets: Jennifer, Everardo, and the CIA in Guatemala”, submitted by the representatives of the victims
(supra para. 5).
31
See Bámaca Velásquez Case, supra note 6, para. 71-90, 121, subparagraph m); payment of
plane tickets, Appendix 22 of the brief on Reparations filed by the representatives of the victims (supra
para. 5); payment of hotels in Guatemala, Costa Rica and other countries, Appendix 23 of the brief on
Reparations filed by the representatives of the victims (supra para. 5); payments for ground
transportation expenses, payment of gasoline and car rentals, Appendix 24 of the brief on Reparations