61
which he will be the creditor of the reparations established by the Tribunal for
pecuniary and non-pecuniary damages.
187. Likewise, Teresa Reyes Reyes, the partner of Mr. López Álvarez; Alfa Barauda
López Reyes, Suamein Alfred López Reyes, and Gustavo Narciso López Reyes, children
of Mrs. Reyes Reyes and Mr. López Álvarez; Alfred Omaly López Suazo, Deikel Yanell
López Suazo, Iris Tatiana López Bermúdez, José Álvarez Martínez, and Joseph López
Harolstohn, other children of the victim; José Jaime Reyes Reyes and María Marcelina
Reyes Reyes, children of Teresa Reyes Reyes, who will also be considered as children
of the victim; Apolonia Álvarez Aranda and Catarino López, the parents of Mr. López
Álvarez, and Alba Luz García Álvarez, Rina Maribel García Álvarez, Marcia Migdali
García Álvarez, Mirna Suyapa García Álvarez, and Joel Enrique García Álvarez, his
siblings, are the victims of the violation of the right enshrined in Article 5(1) of the
American Convention, in relation to Article 1(1) of the same (supra para. 120). All of
them must be considered as included within the category of injured party and are
creditors of the reparations determined by the Court, both in relation to the pecuniary
damage and the non-pecuniary damage, whichever the case.
*
*
*
188. The next of kin that have not proven the family ties with Mr. López Álvarez, and
who the Court considers beneficiaries of reparations (supra para. 187 and infra paras.
201(c) and 202(c)) must appear before the State within the one-year period after the
date on which this Judgment is notified and provide authentic evidence, pursuant to
domestic law, of their condition of family members of the victim, in the terms of the
previously mentioned Article 2(15) of the Rules of Procedure in force. Said family
members are the sons of the victim: José Álvarez Martínez and Joseph López
Harolstohn.
B)
189.
PECUNIARY DAMAGE
Arguments of the Commission:
It requested that the Court determine that the victims receive adequate and
timely reparation that would satisfy them completely for the violations
committed, as well as payment of a just compensation for the pecuniary
damages.
190.
Arguments of the representatives:
a)
in what refers to pecuniary damages they stated that:
i)
Mr. Alfredo López Álvarez interrupted his professional activity
(construction contractor and specialist in electricity) and therefore did
not receive income for his own support or that of his family. He
approximately received the amount of US$400.00 (four hundred Dollars
of the United States of America) per month, which means US$30,400.00
(thirty thousand four hundred Dollars of the United States of America) in
the 76 months while he was detained. They requested that the Court
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