granted. In general, evidence of kinship does not suffice. In some cases, it is
sufficient because a close family tie presupposes the existence of shared grief.
55.
The Court deems that it is necessary to prove the moral damage invoked,
except in the case of very close relatives of the victim, or of persons linked to him or
her as spouses or permanent companions. Under this hypothesis, the Court will
apply the presumption, established in other cases,81 that human rights violations and
impunity in connection with them cause suffering.
56.
The Court has analyzed the evidence supplied, has assessed it taking into
account the situation of the persons involved, the modes of life in the region where
the facts took place, and other conditions of time and place. Based on a competent
analysis of the evidence supplied, the Court deems that Colombia must first
indemnify those persons who are a father, mother, spouse, or child of Artemio
Pantoja Ordóñez, Hernán Javier Cuarán Muchavosoy, Julio Milciades Cerón Gómez,
Wilian Hamilton Cerón Rojas, or Edebraes Norverto Cerón Rojas. Due to the family
ties, it is assumed that they have suffered detriment due to deficient processing of
the judicial proceedings, their delay, and obstructions to hinder attainment of a
prompt and adequate decision. Statements by the next of kin before this Court and
those submitted in writing and authenticated by a notary public can also be
considered, subject to the opinion of the Court, inasmuch as they make it possible to
establish that their authors were affected in their moral wealth due to their kinship
with one of the above stated persons.
57.
The pecuniary reparations are as follows:
Pecuniary reparations
Next of kin of the victims
Amount
Next of kin of Julio Milciades Cerón Gómez,
Wilian Hamilton Cerón Rojas, and Edebraes Norverto Cerón Rojas
Blanca Flor Rojas Perafán (spouse and mother)
US $10,000.00
Bladimir Cerón Rojas (son and brother)
US $8,000.00
Leyman Cerón Rojas (son and brother)
US $6,000.00
Sorayda Marley Cerón Rojas (daughter and sister)
US $6,000.00
Next of kin of Hernán Javier Cuarán Muchavisoy
Amanda Anacona Chapal de Cuarán (mother)
US $6,000.00
Diana Vanessa Cuarán Anacona (daughter)
US $6,000.00
Claudina Muchavisoy (mother)
US $6,000.00
José Daniel Cuarán (father) - deceased
US $6,000.00
Doris Silvia Cuarán Muchavisoy (sister)
US $4,000.00
Carmen Cecilia Cuarán Muchavisoy (sister)
US $2,500.00
Umberto Enrique Cuarán Muchavisoy (brother)
US $2,500.00
81
Cf. El Caracazo Case. Reparations, supra note 2, para. 50 e); Trujillo Oroza Case. Reparations,
supra note 2, para. 88; Bámaca Velásquez Case. Reparations, supra note 2, paras. 60, 63 to 65; Cantoral
Benavides Case. Reparations (Art.63(1) American Convention on Human Rights). December 3, 2001
Judgment. Series C No. 88, paras. 37 and 61; “Street Children” Case (Villagrán Morales et al.).
Reparations (Art.63(1) American Convention on Human Rights). May 26, 2001 Judgment. Series C No.
77, paras. 66 and 68; “White Van” Case (Paniagua Morales et al.). Reparations (Art.63(1) American
Convention on Human Rights). May 25, 2001 Judgment. Series C No. 76, paras. 108, 110, 125, 126,
143, 144 and 158; Castillo Páez Case. Reparations, supra note 3, para. 88; Loayza Tamayo Case.
Reparations, supra note 3, para. 140, 142 and 143; Garrido and Baigorria Case. Reparations, supra note
77, para. 62; and Aloeboetoe et al. Case. Reparations (Art.63(1) American Convention on Human Rights).
September 10, 1993 Judgment. Series C No. 15, para. 76.
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