50
understood as a broad concept that embraces all the persons who are closely related,
including parents, children and siblings, who may have the right to compensation,
provided they satisfy the requirements established by the case law of this Court.108
149. There is no dispute with regard to the status as beneficiaries of Fernando
Sebastián Barrientos Urrutia, the victim’s son, and of Edmundo Urrutia Castellanos
and María Pilar García de Urrutia, the victim’s parents. The son and parents of
Maritza Urrutia must be considered beneficiaries according to the consistent case law
of this Court, which presumes that the closest members of the family, particularly
those who have been in close affective contact with the victim,109 suffer a damage
that must be repaired. With regard to Edmundo and Carolina Lissette, both Urrutia
García, the victim’s siblings, they were not indifferent to their sister’s suffering110
and, therefore, should also be the beneficiaries of a reparation.
150. In the corresponding section, the Court will examine entitlement to the right
to receive reparations, according to the evidence submitted by the parties submitted.
XVI
REPARATIONS FOR PECUNIARY AND NON-PECUNIARY DAMAGE
151. In accordance with the probative elements submitted at the different stages
of the proceeding and in light of the criteria that the Court has established, the Court
will now examine the claims submitted by the parties at this stage of the proceeding,
to determine measures relating to pecuniary and non-pecuniary damage and other
forms of reparation.
A) PECUNIARY DAMAGE
Arguments of the Inter-American Commission on Human Rights
152.
With regard to pecuniary damage, the Commission indicated the following:
a)
The victim traveled to Mexico with the financial support of Amnesty
International and remained in this country for “five” years. The victim’s parents
made four trips a year from Guatemala. Given the difficulties to document the
expenses incurred, the Commission requested the Court to establish, in fairness, the
amount of the compensation corresponding to indirect damages, in addition to the
16.000,00 quetzales that the victim’s family had to pay for international telephone
calls and the approximately 20 trips they made to visit her in Mexico, without
prejudice to the claims presented by the representatives of the victim at the
procedural opportunity; and
108
Cf. Bulacio case, supra note 14, para. 78; Juan Humberto Sánchez case, supra note 14, para.
156; and Las Palmeras case. Reparations, supra note 15, para. 54 and 55.
109
Cf. Bulacio case, supra note 14, para. 98; Juan Humberto Sánchez case, supra note 14, para.
175; and Las Palmeras case. Reparations, supra note 15, paras. 54 and 55.
110
Cf. Cantoral Benavides case. Reparations, supra note 105, para. 37; the “Street Children” case
(Villagrán Morales et al.). Reparations, supra note 105, para. 68; and the “White Van” case (Paniagua
Morales et al.). Reparations, supra note 105, para. 110.