101
c) USD $45,000.00 (forty-five thousand United States dollars) to the following family
members: Zenón Cirilo Osnayo Tunque, Zósimo Hilario Quispe, Marcelo Hilario Quispe, Gregorio
Hilario Quispe and Abilio Hilario Quispe who, according to the family group to which they belong,
are parents, children and permanent partners of the victims of forced disappearance.
d) USD $45,000.00 (forty-five thousand United States dollars) to the family members who
are now deceased: Ana de la Cruz Carhuapoma, Viviano Hilario Mancha, Dolores Morán Paucar,
Justiniano Guillén Ccanto, Victoria Riveros Valencia and Alejandro Huamaní Robles who, according
to the family group to which they belong, are mothers, fathers, children and permanent partners
of the victims of forced disappearance.
e) USD $10,000.00 (ten thousand United States dollars) to Víctor Carhuapoma de la Cruz
(brother of Mercedes Carhuapoma de la Cruz), Marcelina Guillen Riveros (sister of Dionicia Guillén
Riveros) and Marino Huamaní Vergara (brother of Elihoref Huamaní Vergara).
339. In the case of the victims of forced disappearance and of the family members who are
deceased as of this date, the amounts awarded in the preceding paragraph must be paid to their
relatives, within one year and in accordance with the following criteria:
a) fifty per cent (50%) of the compensation corresponding to each victim shall be divided equally among the
victim’s children. If one or more of the victim’s children are deceased, the part that corresponds to them
shall be added to those of other children of the same victim;
b) the other fifty per cent (50%) of the compensation shall be paid to the person who was the spouse or
permanent partner of the victim at the time when the victim’s forced disappearance began or at the time of
the victim’s death, as the case may be;
c) in the event that the victim had no children or spouse or permanent companion, the amount that would
have corresponded to the relatives in that category shall be added to the part corresponding to those in the
other category;
d) in the event that the victim had no children, spouse or permanent companion, the compensation shall be
paid to his or her parents or, failing that, to his or her brothers or sisters in equal parts; and
e) in the event that the victim had no children, spouse, partner, parents, brothers or sisters, the
compensation shall be paid to the heirs in accordance with domestic inheritance law.
340. The next of kin of victims who were not petitioners, who have not been represented in
the proceedings before the Commission and the Court, or who have not been included as victims
or injured parties in this judgment and who consider that they are beneficiaries of the provisions
of the preceding paragraph, must appear before the corresponding state authorities no later
than three months from the date of notification of this judgment.
341. The amounts that have been delivered to Zósimo Hilario Quispe and Zenón Cirilo Osnayo
Tunque (supra para. 333), as well as those that may eventually be paid to the victims in this case
in the context of the Economic Reparations Program (PRE) of the PIR and as civil reparations,
should be deducted from the amount that corresponds to them at the time of payment, a matter
that will be addressed at the stage of monitoring compliance with this judgment.
D.2. Pecuniary damage
342. In its case law, the Court has developed the concept of pecuniary damage and the
circumstances in which it must be compensated. The Court has established that pecuniary damage
supposes “the loss of or detriment to the victims’ income, the expenses incurred as a result of the
facts and the pecuniary consequences that have a causal nexus with the facts of the case.” 379 In
paragraph 304 of this judgment, the Court has already made a decision on the reparations
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No.
91, para. 43, and Case of the Human Rights Defender et al. v. Guatemala, supra, para. 266.
379