Inter-American Court of Human Rights


Pleadings of the representatives



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Pleadings of the representatives


269. The representatives stated that the beneficiaries of the reparations are all the inmates who were interned in the Center at any time in the period between August 14, 1996 and July 25, 2001. However, in the case of the twelve deceased inmates, the beneficiaries would be their next of kin.

Pleadings of the State

270. The State asked the Court to consider as beneficiaries only those persons named in the application and in the Court’s order of June 21, 2002, in keeping with the Court’s Rules of Procedure and jurisprudence. Consequently, should reparations be ordered, they would be on an individual basis; the State argued that under Article 33(1) of the Court’s Rules of Procedure, the Commission was to have identified the alleged victims by name.


Considerations of the Court
271. The Court will now proceed to determine which persons are to be regarded as an “injured party,” in the terms of Article 63(1) of the American Convention and who shall be entitled to the reparations that the Court orders, both for pecuniary and, where appropriate, non-pecuniary damages.
272. To begin with, the injured parties are the deceased inmates, as victims of the violation of the right recognized in Article 4(1) of the American Convention, in relation to Article 1(1) thereof, and also in relation to Article 19 when the victims are children; all those inmates at the Center between August 14, 1996 and July 25, 2001, as victims of the violation of the rights protected in Articles 4(1), 5(1), 5(2) and 5(6) of the American Convention, in relation to Article 1(1) thereof, and also in relation to Article 19 of the Convention, when the victims in question are children; the children injured in the fires, as victims of the violation of the rights upheld in Articles 5(1) and 5(2) of the American Convention, in relation to Articles 1(1) and 19 thereof; the identified next of kin of the deceased and injured inmates, as victims of violation of the right protected in Article 5(1) of the American Convention, in relation to Article 1(1) thereof; all the children interned at the Center between August 14, 1996 and July 25, 2001, as victims of the violation of the rights recognized in Articles 2 and 8(1) of the American Convention, in relation to Articles 1(1) and 19 thereof; and the 239 inmates named in the writ of generic habeas corpus, as victims of the violation of the right recognized in Article 25 of the American Convention, in relation to Article 1(1) thereof. All these persons shall be entitled to the reparations set by the Court for pecuniary and non-pecuniary damages.
273. This Court observes that when a contentious case is being litigated before the Court, the interested party must decide who the beneficiary or beneficiaries will be. Therefore, the Court is not prepared to order compensation for any potential next of kin of the inmates who were victims of human rights violations but were not identified.
274. One hundred percent (100%) of the reparations for lucrum cessans and non-pecuniary damages for the deceased inmates will go to the next of kin identified by the representatives, all of whom are parents of deceased inmates. The amount will be divided equally between father and mother if both parents are identified; if only one is named, he or she will receive the full amount of the compensation. If one of the parents has died, his or her share will go to the surviving parent.
275. If both parents have been identified but are deceased, the amount that would have gone to them as the deceased inmate’s heirs will be distributed according to the domestic inheritance laws.
276. If the identity of the parents is unknown, the compensation owed to the deceased will also be distributed according to the domestic inheritance laws.
277. The compensation that rightfully belongs to the identified next of kin of the deceased former inmates shall be paid to each one in his or her capacity as victim. If one of the identified parents has died, the part that would have gone to that deceased parent will go the surviving parent. In the event that both parental victims are deceased, the amount that would have gone to them will be distributed according to domestic inheritance laws.
278. The names of the identified next of kin of the deceased inmates whom the Court will regard as victims are as follows:


Deceased former inmate

Next of kin

1. Elvio Epifanio Acosta Ocampos


a) Feliciana Ocampos (mother)

b) Asunción Acosta (father)



2. Marco Antonio Jiménez

a) Ignacia Giménez (mother)

b) Teódulo Barboza (father)



3. Diego Walter Valdez

a) Felipa Valdez (mother)

b) Luis Ávila (father)



4. Sergio Daniel Vega Figueredo

a) Rosalía Figueredo (mother)

b) Dionicio Vega (father)



5. Sergio David Poletti Domínguez

a) Teofista Domínguez (mother)

b) Guillermo Augusto Poletti (father)



6. Mario del Pilar Álvarez Pérez

a) María Teresa de Jesús Pérez (mother)

7. Juan Alcides Román Barrios

a) María Estela Barrios (mother)

8. Carlos Raúl de la Cruz

a) Fidelina de la Cruz (mother)

9. Benito Augusto Adorno

a) Rosalinda Giménez Duarte (mother)

b) Benito Isidoro Adorno (father)


279. Compensation owed to the identified parents of injured former inmates shall be delivered to each in his or her capacity as victim. If one of the identified parents is deceased, his or her portion will go the surviving parent.


280. Should both parents identified as victims be deceased, each one’s portion will be distributed according to domestic inheritance laws.
281. This Court notes that Ms. Dirma Monserrat Peña, sister of injured former inmate Pedro Iván Peña, was the latter’s only next of kin that the representatives identified. Therefore, the Court orders that any compensation owed for the damages she suffered will be made according to the parameters used in the case of identified parents of injured former inmates. In the event she is deceased, the compensation she would have been owed will be distributed according to domestic inheritance laws.
282. The names of the identified next of kin of the injured former inmates that the Court regards as victims are:

Injured former inmate

Next of kin

1. Abel Achar Acuña

a) Apolinaria Acuña (mother)

b) Roque Achar (father)



2. José Milciades Cañete Chamorro

a) María Estella Chamorro (mother)

b) Andrés Cañete B. (father)



3. Arsenio Joel Barrios Báez

a) María Rosa Virginia Baes (mother)

4. Alfredo Duarte Ramos

a) Concepción Ramos viuda de Duarte (mother)

5. Sergio Vincent Navarro Moraes

a) Viviana Moraes (mother)

b) Leoncio Navarro (father)



6. Raúl Esteban Portillo

a) Silvia Portillo Martínez (mother)

7. Ismael Méndez Aranda

a) Eristrudis o Edith Aranda (mother)

b) Tranquilino Méndez (father)



8. Pedro Iván Peña

a) Dirma Monserrat Peña (sister)

9. Jorge Daniel Toledo

a) Emiliana Toledo (mother)

10. Sixto Gonzáles Franco

a) Flora Franco (mother)

b) Jerónimo Gonzáles (father)



11. Antonio Delgado

a) Cristina Delgado (mother)

b) Antonio Vera (father)



12. Eduardo Vera

a) Felipa Vera (mother)


B) PECUNIARY DAMAGES


283. In this section of the judgment the Court will decide the matter of pecuniary damages, which includes the loss or reduction of the victims’ income, any expenses incurred by reason of the facts in the case, and the consequential pecuniary damages that have some causal nexus to the facts in the case sub judice,
for which the Court will set an amount that will seek to compensate for the consequences that the violations established in this judgment have had on the estates of the victims.146 In determining compensation, the Court will take into account the evidence compiled in this case, the Court’s own jurisprudence and the claims that the Commission, the representatives and the State have made.


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