39 a) Wilmer Zambrano Vélez and his family members: Alicia Marlene Rodríguez Villegas (partner), Karen Lissette Zambrano Rodríguez (daughter)113, Johanna Elizabeth Zambrano Abad (daughter), Jennifer Karina Zambrano Abad (daughter), Ángel Homero Zambrano Abad (son), Jessica Marlene Baque Rodríguez (foster daughter) and Christian Eduardo Zambrano Ruales (son). b) Segundo Olmedo Caicedo Cobeña and his family members: Silvia Liza Macías Acosta (partner), Vanner Omar Caicedo Macías (son), Olmedo Germán Caicedo Macías (son), Marjuri Narcisa Caicedo Rodríguez (daughter), Gardenia Marianela Caicedo Rodríguez (daughter), Elkis Mariela Caicedo Rodríguez (daughter), Richard Olmedo Caicedo Rodríguez (son), Iris Estrella Caicedo Chamorro (daughter) y Mayerlin Chamorro (daughter). c) José Miguel Caicedo Cobeña and his family members: Teresa María Susana Cedeño Paz (partner), María Magdalena Caicedo Cedeño (daughter), Jessica Soraya Vera Cedeño (daughter), Manuel Abelardo Vera Cedeño (son), Brimer Ramón Vera Cedeño (son), Kleber Miguel Caicedo Ponce (son), Mariuxi Mariela Caicedo Ponce (daughter), José Kelvin Caicedo Ponce (son), Cira Seneida Caicedo Ponce (daughter), Gina Loyobrígida Caicedo Ponce (daughter). 136. Regarding the distribution of compensations between the family members of the deceased victims for the corresponding pecuniary and non-pecuniary damages, the Court determines according to criteria applied in various cases114 that it shall be made according to the following: a) fifty per cent (50%) of the compensation will be divided in equal parts between the sons and daughters of the victims; b) fifty per cent (50%) of the compensation will be given to the person who was partner of the victim at the time of his death; and c) if there was to be no family members in one or more of the categories defined in the aforementioned subparagraphs, the amount of compensation which would have corresponded to the family members from this or those categories shall proportionally increase the part corresponding to the others. 137. As for the victims’ family members that are beneficiaries of the compensations ordered in the instant Judgment who would have passed away or should pass away before receiving the respective compensation, the said compensation shall be given to their rights-holders, in accordance with the applicable domestic law. B) COMPENSATIONS 138. The Court has developed, in its case-law, the concept of pecuniary damage and the situations in which it shall be compensated115. 139. After analyzing the information submitted by the parties, the facts of the case and its own case-law, the Court observes that even though no receipts were submitted for the expenses, it can be presumed that the family members of the three deceased victims incurred several expenses as This person has been identified as “Linda Zambrano Rodríguez” in the application and in the brief on pleadings and motions. Subsequently, the representatives submitted the document of citizenship of “Karen Lissette Zambrano Rodríguez” and in their final written arguments, they indicated that “by affection they called her LINDA”. As such, the Court considers that the correct name of this family member is Karen Lissette. 113 Cf. Case of the Rochela Massacre, supra note 7, para. 237; Case of the Miguel Castro-Castro Prison, supra note 14, para. 421 and Case of Goiburú et al., supra note 75, para. 148. 114 Cf. Case of Bámaca-Velásquez. Reparations, supra note 14, para. 43. See also Case of La Cantuta, supra note 7, para. 213, and Case of the Miguel Castro-Castro Prison, supra note 14, para. 423. Similarly, Case of Caballero-Delgado and Santana. Reparations. Judgment of January 29, 1997. Series C No. 31, para. 39. 115

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