9
conjunction with Article 1(1), were to the detriment of the relatives of Nicholas
Blake. Therefore, for the purpose of reparations, the Court determines that these
relatives constitute the injured party within the meaning of Article 63(1) of the
American Convention. The Court determines that Richard Blake, Mary Blake, Richard
Blake Jr., and Samuel Blake may receive reparations in their own right as the injured
party in the present case.
39.
The injured party has been represented in the proceedings before the InterAmerican system by attorneys Joanne Hoeper, Margarita Gutiérrez, A. James
Vásquez-Aspiri, and Samuel Miller of San Francisco, California, and by the attorneys
of the “International Human Rights Law Group,” of Washington D.C., United States of
America.
VIII
PROVEN FACTS
40.
To determine the reparations called for in the instant case, the Court will rely
upon the facts established in the Judgment of January 24, 1998. However, in the
present stage of the proceedings the parties have introduced evidence to the file to
demonstrate the existence of additional facts that are relevant to the determination
of the measures of reparations. The Court has examined the evidence and the
arguments of the parties, and declares the following facts to be proved:
A.
concerning Mr. Nicholas Blake:
a.
that he was 27 years old when the acts occurred that resulted in the
present case
(cfr. copy of the birth certificate of Nicholas Chapman Blake);
b.
that he had graduated from the university with a “Bachelor of Science
Degree in History” and worked as an independent journalist.
(cfr. official note from the University of Vermont, dated November 19, 1998; December 14, 1998
letter from Rodney G. Dogherty; December 9, 1998 note from Francis B. Coombs Jr.; copies of
articles that Nicholas Blake wrote for The Globe and The Mail, Philadelphia Inquirer Daily News,
Harper’s, The Magazine of the Miami Herald, St. Louis Post Dispatch, and The Progressive); and
c.
that his parents are Richard and Mary Blake and his brothers are
Samuel and Richard Blake Jr.
(cfr. copy of the birth certificate of Richard Blake Jr., and certified copies of the passports of
Mary Anderson Blake, Richard Randolph Blake, and Samuel Wheaton Blake).
B.
concerning the injured party:
a.
that they incurred a series of expenses in relation to trips to
Guatemala
(cfr. receipts of airline tickets on American Airlines Inc., Eastern Airlines Inc., Taca International,
and Pan Am World Airways, for trips 11, 15, 17, 19, 20, and 22, the tickets are in the name of
Richard R. Blake Jr., Richard Blake, Douglas Owsley, and John Verson; Hertz Guatemala, and the
March 26, 1998 affidavit of Richard R. Blake Jr.);