5
d.
that the Court declared in the judgment on the merits, that the
judicial guarantees set forth in Article 8(1) of the Convention, in relation to
Article 1(1) of the same, were violated to the detriment of the relatives of
Mr. Nicholas Blake, inasmuch as those relatives have the right to demand
that the disappearance and death of their son and brother be effectively
investigated by the Guatemalan authorities, that proceedings be instituted
against those responsible for the crimes, that appropriate punishment be
imposed on the perpetrators, and that the relatives be compensated for the
damages and injuries they sustained; and
e.
that the Court also declared in said judgment that the right to humane
treatment set forth in Article 5 of the Convention in relation to Article 1(1) of
the same was violated by the State to the detriment of the relatives of Mr.
Nicholas Chapman Blake, inasmuch as his disappearance caused his family
suffering and anguish, a sense of insecurity, and frustration and impotence in
the face of the Guatemalan authorities’ failure to investigate; and that the
burning of the mortal remains of Mr. Nicholas Blake increased their suffering.
21.
As the Court already determined that it was not competent to render a
decision on the deprivation of liberty and the death of Nicholas Blake (supra 20(a)),
it will limit itself to decide on reparations within the framework established in the
judgment on the merits, which refers exclusively to the violation, by Guatemala, of
Articles 5 ( Right to Humane Treatment), and 8(1) (Right to a Fair Trial) of the
American Convention in conjunction with Article 1(1) of the same, to the detriment
of the relatives of Mr. Nicholas Blake.
V
EVIDENCE
22.
In regard to evidence, when the relations of Mr. Nicholas Blake submitted
their brief on reparations, they attached the following documents:
a.
a statement by Samuel W. Blake dated March 26, 1998;
b.
an affidavit by Mr. Richard Blake, dated March 26, 1998;
c.
an affidavit by public accountant Michael Cohan, dated March 23,
1998, which was attached to a curriculum vitae, several tables of minimum
salaries for a journalist or photographer, and a life expectancy table for the
United States for the period 1989-1991.
(cfr. Michael Cohan is a Certified Public Accountant with over twenty years of experience as an
audit and accounting professional; Reporter, Photographer Top Minimums in 121 Contracts as of
April 1, 1985; average reporter top minimum as of April 1, 1985; Reporter, Photographer Top
Minimums in 122 Contracts as of April 1, 1986; average reporter top minimum as of April 1,
1986; Reporter, Photographer Top Minimums in 123 Contracts as of June 1, 1987; average
reporter top minimum as of June 1, 1987; Reporter, Photographer Top Minimums in 120
Contracts as of April 1, 1988; average reporter top minimum as of April 1, 1988; Reporter,
Photographer Top Minimums in 119 Contracts as of April 1, 1989, average reporter top minimum
as of April 1, 1989; Reporter, Photographer Top Minimums in 121 Contracts as of April 1, 1990;
average reporter top minimum as of April 1, 1990; Reporter, Photographer Top Minimums in 122
Contracts as of April 1, 1991; average reporter top minimum as of April 1, 1991; Reporter,
Photographer Top Minimums in 121 Contracts as of April 1, 1992; average reporter top minimum
as of April 1, 1992; Reporter, Photographer Top Minimums in 118 Contracts as of April 1, 1993;
average reporter top minimum as of April 1, 1993; Reporter, Photographer Top Minimums in 115