the Mocoa cemetery. Furthermore, no person has appeared in these proceedings
who states that he or she has kinship or any other ties with the deceased.
47.
Despite this total lack of information, Colombia is under the obligation to
repair the damage caused.
Given the circumstances of the case, the Court
estimates, in fairness, that the amount of compensation owed by the State is US$
100,000.00 (one hundred thousand United States dollars), which should be
distributed among the heirs according to Colombian inheritance law. The alleged
next of kin must appear before the State within 24 months of the date when
N.N./Moisés is identified, and must supply authentic evidence of their ties with the
victim to receive the respective compensation.
IX
REPARATIONS FOR INFRINGEMENT OF THE RIGHTS TO FAIR TRIAL
AND TO JUDICIAL PROTECTION
(Articles 8(1) and 25(1) of the American Convention)
Arguments of the representatives of the next of kin of the victims
48.
With respect to this point, the representatives of the next of kin of the victims
stated that:
a)
the Court must determine compensation for damage caused to the
detriment to the next of kin of the victims for infringement of the rights to fair
trial and to judicial protection, in view of several aspects that were not
assessed nor reparation ordered for them by the domestic courts, and the
judgment on the merits is not, in and of itself, a means of comprehensive
reparation of the “moral damage” suffered by the victims of impunity;
b)
the impact of denial of justice on the next of kin occurred at several
moments and is maintained and increased in view of the circumstances they
face in their struggle for justice. Feelings of fear and insecurity caused by
stigmatization of the next of kin by the authorities as a direct consequence of
the suppression of the facts and, as they have stated in their testimony, have
grave consequences for their life and personal well-being. The next of kin
were followed, suffered surveillance and searches, were the victims of verbal
and physical threats and aggressions by members of the police force, the
same department to which those responsible for the death of the victims
belonged. Colombia must compensate the next of kin for the “moral damage”
it has caused them and for the insecurity and anguish of facing this harsh
reality; and
c)
it must be assumed that denial of justice causes objective damage
with a “moral detriment” to the immediate household, which is different from
the damage caused by the death of a next of kin, and compensation is
justified. The Court must consider that this damage is always caused and
need not be proven, contrary to the position adopted by the State, that such
compensation is only in order when pecuniary damage is proven.
49.
Pursuant to the above, said representatives submitted an estimate of
compensation for “moral damages” with respect to the next of kin of the victims
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