52
143. The victim’s parents and alleged son experienced the situation mentioned in
the previous paragraph and the Court must presume the repercussions that the
grave violations committed against González Rivera had on them. This presumption
has not been disproved by the State and, therefore, it is in order to grant
compensatory damages for non-pecuniary damage to the said next of kin. However,
the identity of the son of William Otilio González Rivera has not been proved during
this proceeding; consequently his existence must be authenticated before the State,
so that the reparations ordered may be made effective (supra 134 and 135).
144. Regarding the victim’s siblings, as members of the family, it must be
considered that they were not be indifferent to the suffering of William Otilio
González Rivera, despite the objection posed by the State (supra 110). Therefore,
based on the principle of fairness, the Court establishes a compensation for nonpecuniary damage of US$5,000.00 (five thousand United States dollars) for the
González Rivera siblings.
145. In view of the foregoing, the Court considers that the total amount of
US$25,000.00 (twenty-five thousand United States dollars) is fair reparation for the
non-pecuniary damage suffered by the victim and his next of kin. This amount must
be distributed as follows: US$20,000.00 (twenty thousand United States dollars)
divided equally between the parents and alleged son of William Otilio González
Rivera, taking into account the considerations in paragraphs 133 to 135; in other
words, should it be impossible to determine the existence of and identify the said son
within one year, the amount that corresponds to him will proportionately increase
the compensation of the victim’s parents; and the amount of US$1,000.00 (one
thousand United States dollars) to each of the siblings, Santos Hugo, José Alfredo,
Julio Moises, Anatanahel and Leydi Rosibel, all González Rivera.
*
*
*
PABLO CORADO BARRIENTOS
Pecuniary damage
The arguments of the next of kin
146. Regarding “pecuniary damage”, the next of kin of Pablo Corado Barrientos
endorsed the arguments of the Commission and then included two items in their
communication of June 11, 1999:
a)
the victim’s loss of earnings as a vegetable seller in Guatemala City.
Lacking evidence about the victim’s income, they stated that they endorsed
the calculation of the amount made by the Commission; and
b)
with regard to other losses incurred by the next of kin, they indicated
the financial support that his mother and his brother received from the victim
and that, as a direct consequence of the facts, his mother had to work as a
maid to provide the income that the victim had given them. They also
indicated that what happened to Pablo Corado Barrientos led to his brother
abandoning school and also to the abandonment of the project to build a
house and expand the vegetable selling business. Owing to the foregoing,
they considered that 50% should be added to the amount claimed by the
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