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and María Eugenia Molina Theissen lost a US $3,500.00 (three
thousand five hundred United States dollars) down payment for
construction of a house. Ana Lucrecia Molina Theissen, in turn, had to
sell her vehicle at a price that was below its value. All this was pointed
out by the mother and the victim’s sisters during the public hearing
held before the Court and they do not have receipts to certify those
amounts, for which reason they asked the Court to assess the
evidence regarding this item in a flexible manner and to establish “an
overall amount for these financial damages, in the amount of US
$100,000.00” (one hundred thousand United States dollars); and
B(iv) in connection with departure of the members of the Molina
Theissen family from the country, that is: a) airfare for Carlos Augusto
Molina Palma and Emma Theissen Álvarez, amounting to US $1,200.00
(one thousand two hundred United States dollars); b) airfare for María
Eugenia Molina Theissen and her two daughters, Nadia and Dinorah
Alvarado Molina, amounting to $1,500.00 (one thousand five hundred
United States dollars); c) airfare for Emma Guadalupe Molina Theissen
and her daughter, Natalia Mérida Molina, amounting to US $1,000.00
(one thousand United States dollars); and d) airfare for Ana Lucrecia
Molina Theissen and her son, Julio César Ramírez Molina, amounting to
US $1,000.00 (one thousand United States dollars). All this adds up
to US $4,700.00 (four thousand seven hundred United States dollars);
and
c)
it is neither fair nor convenient for the victim’s next of kin for the
possible reparations ordered by the Court in its judgment to be subject to
Guatemala’s Programa Nacional de Resarcimiento de Guatemala, which has a
number of limitations.
Pleadings of the State
54.
The State expressed its willingness to provide reparations for the damage
caused to the Molina Theissen family; in this regard in asked that:
a)
the compensation process should take place during 2005, due to
Guatemala’s fiscal deficit, and the Court should also take into account the
scope of the needs and rights that the State must ensure to all its inhabitants.
The State also asked the Court to issue a judgment on reparations that is in
accordance with Guatemala’s economic, political, and social reality;
b)
the Court should duly weigh the significance of the act of justice and
dignity expressed by the State of Guatemala based on its acknowledgment of
international responsibility in the framework of the adjudicatory process in the
instant case; and
c)
the economic reparations ordered should be implemented within
Guatemala’s Programa Nacional de Resarcimiento in accordance with the
regulations set forth in Guatemalan domestic law.
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