51
any further allegations in this respect, nor submitted any evidence showing, at the
very least, that Mr. Gomez-Mayo suffered any pecuniary or non pecuniary damage,
while he was alive, due to the forced disappearance of the victim and to the other
facts of the instant case.
121. The distribution of reparations among the next of kin of Mr. Santiago GómezPalomino, for the pecuniary and non pecuniary damage inflicted upon the latter shall
be carried out as follows:
a)
thirty percent (30%) of the compensation shall be paid to the victim’s
mother, Mrs. Victoria Margarita Palomino-Buitrón, and
b)
seventy percent (70%) of the compensation shall be given to the
victim’s daughter, Ana María Gómez-Guevara.
122. As regards the compensation to be paid to Mercedes Palomino-Buitrón, the
late sister of Mr. Gómez-Palomino, the Court has no information on whether she had
any children. Therefore, the Court decides that in case Mrs. Mercedes PalominoBuitrón had had children, the compensation that should have been paid to her,
should be given to each of her children, in equal shares, provided their parentage is
shown through satisfactory evidence of identity or through the statement of the
mother or any of the siblings of Mr. Gómez-Palomino. But in case Mercedes
Palomino-Buitrón has had no issue, the compensation inuring to her should be fully
given to her mother, Mrs. Victoria Margarita Palomino-Buitrón.
123. If any of the beneficiaries, to whom compensation is due in their capacity as
victims, dies before receiving the corresponding compensation, the amount of said
compensation will be distributed according to the applicable domestic law.
A)
PECUNIARY DAMAGE
124. The Court shall herein address the pecuniary damage, which implies the loss
of, or detriment to, the income of the victim, and the expenses incurred by the next
of kin due to the events in the instant case,78 for which the Court fixes a
compensatory amount seeking to redress the financial consequences of the
violations that were determined in the instant Judgment. In order to make a
decision as to the pecuniary damage the Court shall take into account the body of
evidence, its own precedents and the arguments submitted by the parties.
a)
Loss of Income
125. This Court finds that sufficient evidence has been submitted showing that, at
the time of the events forming the subject matter of the instant case, Mr. Santiago
Gómez-Palomino was 27 years old, he held a high school degree and was working
as a cook and, on occasion, as a gardener (supra para. 54(8)). In the light of the
aforementioned, the Court deems it reasonable to assume that Mr. Santiago
78
Cf. Case of Raxcacó-Reyes, supra note 4, para. 129; Case of Gutierrez-Soler, supra note 4,
para. 74, and Case Acosta-Calderón, supra note 9, para. 157.
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