9
(Right to Humane
Treatment)
16. Natividad
Condorcahuana
Chicaña
17. Felipe León
León
18. Tomás
Livias Ortega
19. Alfonso Rodas
Alvítez (or
Albitres, Albites,
or Alvitrez)
Natividad Condorcahuana Chicaña
Felipe León León
Tomás Livias Ortega
Alfonso Rodas Alvítez (or Albitres, Albites, or Alvitrez)
30.
As shown in the previous table, the Court deems that the next of kin of victim
Alejandro Rosales Alejandro, that is, his son, Elías Cirilo Rosales Medina (or Caurino),
his wife, Gregoria Medina Caurino, and his mother, Celestina Alejandro Cristóbal, and
the next of kin of victim Nelly María Rubina Arquiñigo, that is, her sister, Gladys
Sonia Rubina Arquiñigo, and her aunt, Virgilia Arquiñigo Huerta (supra pars. 13, 15
and 16), must be considered beneficiaries of the reparations pertaining to said
victims and receive reparation under the conditions stated in the agreement.
31.
Furthermore, in the case of the unfound beneficiaries of the reparations
pertaining to three of the deceased victims (supra par. 27), the Court believes it
necessary for the State, in using its resources to locate the heirs of said victims, to
among other steps publish an announcement through a radio broadcaster, a
television broadcaster, and a newspaper, all of them with national coverage,
explaining that the next of kin of Tito Ricardo Ramírez Alberto, Odar Mender (or
Méndez) Sifuentes Nuñez, and Benedicta Yanque Churo, are being sought to grant
them reparation in connection with the facts of the instant case. Said publication
must be made during at least three non-consecutive days, and within 30 days after
notification of this Judgment.
32.
Recordings or, where appropriate, copies of these announcements, as well as
a precise indication of the media and dates when and where they were published,
must be submitted to the Court for them to be considered in the course of
overseeing fulfillment of this Judgment.
VI
PECUNIARY REPARATIONS
33.
In the agreement on reparations, under the heading “Economic
indemnification”, the State undertakes to pay US$ 175.000,00 (one hundred and
seventy-five thousand dollars of the United States of America) to each of the victims,
with the exception of Máximo León León, who will be paid an indemnification of US$
250.000,00 (two hundred and fifty thousand dollars of the United States of America).
It also states that said “amounts are the only direct or indirect payment that the
State will undertake in connection with the beneficiaries” of the reparations and that
signing of the agreement “involves an express waiver by the victims, as well as by
their representatives, of exercising any judicial or extra-judicial action against the
State to charge any additional amount”.