101
d)
next of kin of Bertila Lozano-Torres: Augusto Lozano-Lozano (father) and
Juana Torres de Lozano (mother);
e)
next of kin of Luis Enrique Ortiz-Perea: Víctor Andrés Ortiz-Torres (father),
Magna Rosa Perea de Ortiz (mother), Andrea Gisela Ortiz-Perea (sister), Edith
Luzmila Ortiz-Perea (sister), Gaby Lorena Ortiz-Perea (sister), Natalia
Milagros Ortiz-Perea (sister), and Haydee Ortiz-Chunga (sister);
f)
next of kin of Armando Richard Amaro-Cóndor: Alejandrina Raida CóndorSaez (mother), Hilario Jaime Amaro-Ancco (father), María Amaro-Cóndor
(sister), Carlos Alberto Amaro-Cóndor (brother), Carmen Rosa Amaro-Cóndor
(sister), Juan Luis Amaro-Cóndor (brother), Martín Hilario Amaro-Cóndor
(brother), Francisco Manuel Amaro-Cóndor (brother), and Susana AmaroCóndor (sister);
g)
next of kin of Robert Edgar Espinoza: José Ariol Teodoro-León (padre),
Edelmira Espinoza-Mory (mother), and Bertila Bravo-Trujillo (stepmother);
h)
next of kin of Heráclides Pablo-Meza: José Faustino Pablo-Mateo (father),
Serafina Meza-Aranda (mother), and Dina Flormelania Pablo-Mateo (aunt);
i)
next of kin of Juan Gabriel Mariños-Figueroa: Isabel Figueroa-Aguilar
(mother), Román Mariños-Eusebio (father), Rosario Carpio Cardoso-Figueroa
(brother), Viviana Mariños-Figueroa (sister), and Margarita Mariños-Figueroa
de Padilla (sister), and
j)
next of kin of Felipe Flores-Chipana: Carmen Chipana de Flores (mother), and
Celso Flores-Quispe (father).
*
*
*
207. The Court considers that the irregular transfer of the investigation to the military
jurisdiction amounted to the State’s failure to comply with its duty to investigate and, if
appropriate, prosecute and punish, those responsible for the facts, as well as a breach of
the right to fair trial, embodied in Article 8(1) of the Convention, in relation to Article 1(1)
thereof, to the detriment of the victims’ next of kin (supra para. 145). Nevertheless, the
Court cannot disregard the fact that the judgment issued by the CSJM on May 3, 1994 also
ordered, inter alia, payment of compensation in the amount of 300,000.00 (three hundred
thousand) Peruvian New Soles per each one of the ten victims, “as civil damages to the
legal heirs of the aggrieved parties.” Thus, between 1996 and 1998, the State made
payment of said amount to the legal heirs of the aforementioned ten victims (supra para.
80(56)). In this regard, the Court is aware of the principle under which compensation may
neither enrich nor impoverish the victim or the victim’s beneficiaries (supra para. 202), and
therefore this aspect needs to be analyzed.
208. Due to the fact that the aforementioned CSJM judgment did not clearly state on what
account the victims’ heirs had been awarded said “civil damages,” the Court requested the
parties to submit information and clarifications in that regard, to be used as evidence to
facilitate adjudication of the case (supra para. 36). In this regard, the State argued that,
even though the judgment failed to expressly mention the legal grounds on which such
damages were awarded, “in Peruvian military criminal law, civil damages cover both the
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