Inter-American Court of Human Rights
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292. As this Court does not have figures for 19 of the injured former inmates,5 it will assume that they sustained burns over less than 5% of their body and award them the corresponding sum. b) Damnum emergens 293. The Commission reported that the State had covered the damnum emergens (supra para. 284.a), and the representatives did not provide evidence to support their counterclaim. The foregoing notwithstanding, the body of evidence in the present case contains various statements6 demonstrating that the State did not in fact cover all the medical expenses of Francisco Ramón Adorno, or all the medical and funeral expenses of Sergio David Poletti Domínguez and Mario del Pilar Álvarez Pérez. The State covered only a portion of those expenses. As no specific evidence was offered concerning the supposed expenses, this Court deems it appropriate to grant in equity the sum of US$ 1,000.00 (one thousand United States dollars) to the next of kin of each of the above-named former inmates. That total amount will be distributed in the following manner and go to the persons shown to have covered the expenses in question: i) the total for the medical expenses of victim Francisco Ramón Adorno is to be paid to his mother, who must appear before the competent authority and identify herself; ii) the total amount for the medical and funeral expenses of victim Sergio David Poletti Domínguez is to be divided, in equal parts, between Ms. Teofista Domínguez and Guillermo Augusto Poletti, the victim’s parents; and iii) the total amount for the medical and funeral expenses of victim Mario del Pilar Álvarez Pérez is to be paid to his mother, Mrs. María Teresa de Jesús Pérez. 294. Based on the foregoing, the Court establishes compensation for the pecuniary damages caused by the violations found in the present Judgment in the following amounts:
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