85
Breidy Maybeli Sánchez Argueta and Norma Iveth Sánchez Argueta, who have
been stated by the representatives, will inherit said amount;
b)
twenty-five percent (25%) of the compensation will be given to the
person who was the spouse or permanent companion of the victim at the time
of his death; in the sub judice case, it has been proven by means of
testimony that at the time of the facts Juan Humberto Sánchez had two
companions, Velvia Lastenia Argueta Pereira and Donatila Argueta Sánchez,
who will receive the amount allotted to them in equal parts; and
c)
twenty-five percent (25%) of the compensation will be given to the
parents. If one of the parents has died, his or her part will augment that of
the other. It has been proven that the parents of Juan Humberto Sánchez
are María Dominga Sánchez and Juan José Vijil Hernández; the latter is his
stepfather and the facts of the case have proven his close relationship, for
which reason the compensation will be divided in equal parts between these
two persons.
165. The criteria established in the previous paragraph regarding the beneficiaries
of compensation for pecuniary damage will also apply to distribution of compensation
for non-pecuniary damage (infra 177).
b) Consequential damage
166. Taking into account the claims of the parties, the body of evidence, the
proven facts in the instant case and its case law, the Court rules that compensation
for pecuniary damage in the instant case must also include the following:
a)
the various expenses incurred by the next of kin of Juan Humberto
Sánchez, both his parents and his companion, Donatila Argueta Sánchez, with
the aim of establishing his whereabouts, given the cover-up of what had
happened and the lack of investigation of the facts by the Honduran
authorities. These expenses include visits to public institutions, expenses for
transportation, mainly to the city of Colomoncagua and La Esperanza,
lodging, and others. With respect to the requests by COFADEH and CEJIL
regarding expenses incurred in domestic proceedings and before the interAmerican system, this Court will rule on the matter in the chapter pertaining
to legal costs and expenses (infra 194). For all the aforementioned reasons,
in fairness, the Court decides to grant US$1,700.00 (one thousand seven
hundred United States dollars) for expenses incurred by the next of kin of the
victim searching for him, US$200.00 (two hundred United States dollars) of
which will be distributed in equal parts between the parents of the victim and
US$1,500.00 (one thousand five hundred United States dollars) to his
companion, Donatila Argueta Sánchez;
b)
as regards the earnings lost by the companion, Donatila Argueta
Sánchez, trying to establish the whereabouts of Juan Humberto Sánchez; and
the earnings lost by the sisters of the victim, Reina Isabel Sánchez and
Domitila Vijil Sánchez, as a consequence of the latter’s trip to the public
hearing at the Inter-American Court (supra 23), the representatives have
proven that they lost their jobs; however, the Court notes that they have not
set an amount to compensate for said damage, for which reason it sets as the
amount of compensation in fairness, taking into account the specific
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