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Argueta (companion). Pursuant to the pleadings of the representatives of the victim,
these persons must be deemed beneficiaries based on the following considerations:
a)
with the exception of Juan Humberto Sánchez, these persons are
entitled to reparations in two different ways: first, as beneficiaries or
successors of the reparations that the State must pay as a consequence of
the violations of the human rights of Juan Humberto Sánchez; and second, as
victims per se;
b)
previously, the Court has deemed proven that violation of human
rights of the victim causes non-pecuniary damage to the parents and siblings,
for which reason the eight siblings and half-siblings of Juan Humberto
Sánchez are entitled to the right to redress;
c)
even though Juan José Vijil Hernández was not the biological father of
Juan Humberto Sánchez, since he married the latter’s mother the two of them
developed a very close emotional relationship, to the point that Mr. Vijil
Hernández accompanied the victim during his detention by agents of the
State; and
d)
Juan Humberto Sánchez was involved in two emotional relationships
from which he had offspring: he lived with Donatila Argueta Sánchez, with
whom he had a daughter by name Breidy Maybeli Sánchez, and he had
another daughter with Velvia Lastenia Argueta Pereira, whose name is Norma
Iveth Sánchez Argueta.
Pleadings of the Commission
153. The Inter-American Commission argued that the following persons should be
considered beneficiaries of the reparations ordered by the Court: María Dominga
Sánchez, the mother of the victim; Juan José Vijil Hernández, the stepfather of the
victim, and Domitila Vijil Sánchez Hernández, sister of the victim. The Commission
also pointed out that Juan Humberto Sánchez “had offspring with a Salvadoran
woman” and they should also be considered beneficiaries of the reparations. The
Commission based its statements on the following arguments:
a)
it can be assumed that violation of the right to life causes direct and
moral harm to the successors of the right of the deceased and it is for the
counterpart to prove that said harm did not occur;
b)
given the nature of the violations committed by the State, it is evident
that those persons who had close emotional ties to Juan Humberto Sánchez
were deeply affected;
c)
both the mother and the father of the victim had suffered threats and
harassment by agents of the Honduran State with the aim of intimidating
them; and
d)
in this case, a “humble family” has fruitlessly sought, for over eight
years, that justice be served and has challenged impunity in Honduras.
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