65
Considerations of the Court
A)
BENEFICIARIES
169. The Court considers Marco Antonio Servellón García, Rony Alexis Betancourth
Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García Sánchez as the “injured
parties” in their nature of victims of the violations of the rights enshrined in Articles
4(1), 5(1) and 5(2), 7(1), 7(2), 7(3), 7(4), 7(5) and 7(6), 8(1) and 8(2) and 25(1)
of the American Convention, in relation to Article 1(1) of the same instrument, and in
the case of the underage victims also for the violation of the rights enshrined in
Articles 5(5) and 19 of the American Convention, in relation to Article 1(1) of said
treaty, reason for which they will be entitled to the reparations set by the Tribunal
for pecuniary and non-pecuniary damages.
170. Some of the victims’ next of kin will be entitled to the reparations set by the
Tribunal for pecuniary and non-pecuniary damages, in their own nature of victims of
the violations to the Convention determined by this Court, as well as of those
reparations set by the Court in their nature of successors of Marco Antonio Servellón
García, Rony Alexis Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed
García Sánchez.
171. The victims’ next of kin indicated herein shall also be entitled to the
reparations that the Tribunal will set in their nature of successors as a consequence
of the violations committed in detriment of Marco Antonio Servellón García, Rony
Alexis Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García
Sánchez, which shall be distributed as follows:
a)
in the case of the next of kin of Marco Antonio Servellón García, the
corresponding compensation shall be distributed in equal parts between Mr.
Reyes Servellón Santos, his father, and Mrs. Bricelda Aide García Lobo, his
mother. In reason of the death of Mr. Reyes Servellón Santos, the part that
corresponded to him will be added to that of his widow Bricelda Aide García
Lobo;
b)
in the case of the next of kin of Rony Alexis Betancourth Vásquez, the
corresponding compensation must be distributed in equal parts between
Manases Betancourth Núñez, his father; Hilda Estebana Hernández López, his
mother, Zara Beatris Bustillo Rivera, his daughter, and Ana Luisa Vargas
Soto, his partner;
c)
in the case of the next of kin of Orlando Álvarez Ríos, fifty per cent
(50%) of the corresponding compensation shall be distributed in equal parts
between Mr. Concepción Álvarez, his father, and Antonia Ríos, his mother. In
reason of the death of Mr. Álvarez, the part that corresponded to him shall be
added to that of his widow Antonia Ríos. The other fifty per cent (50%) shall
be delivered to Mrs. Dilcia Álvarez Ríos, his sister, and
d)
in the case of Diomedes Obed García Sánchez, one hundred per cent
(100%) of the corresponding compensation shall be distributed in equal parts
between Mr. Diomedes Tito García Casildo, his father; Esther Patricia García
Sánchez, sister; Jorge Moisés García Sánchez, brother, and Fidelia Sarahí
García Sánchez, sister.