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compensation, because, since the victim did not have a regular
income, it cannot be adduced that all the other persons were
financially dependent on him; as this was inferred in the judgment, it
was merely an opinion of the Court without any legal basis”;
e)
The concept of “injured party” was not properly defined in the
judgment, because not only was the status of beneficiaries of
reparations established for the victim’s successors, but also “for
relatives who cannot be considered thus.” In any case, “none of those
who are considered to be relatives of the victim would be exempt from
the need to prove their identity and their relationship with the victim[,
since i[n] the instant case, the victim and the members of his family
who have the right to succession live in a village with access to the
Municipality of Colomoncag[u]a, where there is a Registry Office”;
f)
“Over and above the principles included in the general rule on
succession, it may be established exceptionally that, in addition to the
victim’s successors, compensation should also be extended to those
who have had a dependent relationship with the victim.” Regarding the
victim’s companions, “according to the law, this right would only
correspond to the concubine with whom he was actually living, and not
to the previous ones, who could be legally ineligible to succeed.” In
the judgment, the benefit of compensation is granted to two
companions of the victim, and the Court has not specified the rules
governing this decision;
g)
Juan José Vijil, who, together with the victim’s mother, is the
beneficiary of compensation of US$8,200.00 (eight thousand two
hundred United States dollars) for expenditures relating to the search,
medical expenses and travel, “is not related in any way to [Juan
Humberto] Sánchez; [a relationship] by affinity could be presumed, if
he had been married to the latter’s mother, but this has not been
proved [...], nor has it be proved that he was financial dependent” on
Juan Humberto Sánchez;
h)
Likewise, the judgment established payment of compensation in favor
of the sisters of Juan Humberto Sánchez, “when his only beneficiaries
or successors are his minor children; according to the State’s domestic
legislation and [to] the rules of succession, wives only have a right to
the conjugal quarter part, and parents, only when they have no
resources, [which] has not been [...] proved, to a quarter part”; and
i)
The Court ordered that the compensation for non-pecuniary damage
corresponding to Juan Humberto Sánchez should be distributed not
only among his daughters, “the sole successors,” but also among his
companions and his parents, although “Juan José Vijil Hernández was
not [a parent].”
Likewise, payment of compensation for nonpecuniary damage caused directly to them was also ordered to Vijil
Hernández, as well as “to other relatives [of the victim], who did not
form part of his household.”
Arguments of the Commission
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