50
vi)
providing free services in a health care center, without
restrictions, covering all expenses, medicines and medical tests
included, as well as psychological assistance for Mrs. Victoria
Margarita Palomino-Buitrón and the girl Ana María Gómez-Guevara;
and
vii)
taking the action necessary to amend Article 320 of the
Criminal Code, so as to render it consistent with the American
Convention and with the Inter-American Convention on Forced
Disappearance.
As regards costs and expenses
i)
Asociación Pro Derechos Humanos (APRODEH) (Pro Human Rights
Association) incurred expenses in connection with legal representation both
in domestic and international proceedings, communications ─including
telephone, facsimile and Internet─ and mail, the estimate of which will be
made by the Court, on equitable grounds and at its own discretion.
Arguments of the State
118. As regards the reparations, the State alleged that the acknowledgement of
international responsibility made did not in any way release perpetrators and
accomplices in the violation of the rights of Mr. Santiago Gómez-Palomino from any
of the criminal or civil liabilities that could be attributed them. In this sense, the
State committed itself to actively urge a thorough, unbiased, effective and swift
investigation in order to identify those persons who may be responsible for the
disappearance and execution of Mr. Santiago Gómez-Palomino, to determine the
level of their respective participation and to punish them pursuant to criminal law.
Considerations of the Court
119. The Court will now proceed to determine who are to be considered “party
harmed” under the terms of Article 63(1) of the American Convention. In the first
place, this Court considers Mr. Santiago Gómez-Palomino a party harmed, as a
victim of the violations of his rights enshrined in Articles 4, 5, 7, 8(1) and 25 of the
American Convention, in relation with Article 1(1) thereof, committed to his
detriment (supra paras. 35 to 38 and 86). Likewise, Mrs. Victoria Margarita
Palomino-Buitrón, Mrs. Esmila Liliana Conislla-Cárdenas, Mrs. María Dolores GómezPalomino, Mrs. Luzmila Sotelo-Palomino and Emiliano, Mercedes, Mónica, Rosa and
Margarita, all of them bearing the surname of Palomino-Buitrón, and the girl Ana
María Gómez are victims of the violation of the rights enshrined in Articles 5, 8(1)
and 25 of the American Convention, in relation to Article 1(1) thereof (supra paras.
37, 38, 68 and 86). All said persons must be deemed harmed parties and are
entitled to receive the reparations the Court may determine, regarding pecuniary as
well as non pecuniary damage, if both are applicable.
120. In regards to Pascual Gómez-Mayo, the late father of Mr. Gómez-Palomino,
the Inter-American Commission requested that he be included as beneficiary of the
reparations that could be determined in the instant Judgment, but it neither made
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