101
225. The abovementioned committee will be in charge of defining the ways in
which the development fund is to be implemented and will be made up of three
members: a representative appointed by the victims, a representative appointed by
the State and another representative jointly appointed by the victims and the State.
Should the State and the representatives fail to reach an agreement as to the
members of the implementation committee within six months after notice of the
instant Judgment, the Court will convene a meeting to discuss the matter.
226. On the other hand, in view of the conclusions contained in the chapter of the
instant Judgment regarding Article 4(1) of the Convention, given the existence of
sufficient grounds to presume the suffering of the deceased persons, mostly boys
and girls, as a result of the circumstances described above (supra para.73(74), the
Court, based on equitable grounds and a reasonable assessment of non-pecuniary
damage, orders the State to pay compensation in the amount of US$ 20,000.00
(twenty thousand United States Dollars), or its equivalent in the currency of the
State, to each of the 17 members of the Community who died as a result of the
events in the instant case (supra para. 178). That amount must be distributed
among the next of kin of the victims pursuant to the cultural practices of the
Sawhoyamaxa Community its.
227. As a result of the above and based on equitable grounds, this Court fixes the
value of compensations for non-pecuniary damage, as specified in the chart below.
VICTIMS
1.
NN Galarza
2. Rosana López
3. Eduardo Cáceres
4. Eulalio Cáceres
5. Esteban González-Aponte
6. NN González-Aponte
7. NN Yegros
8. Jenny Toledo
9. Guido Ruiz-Díaz
10. NN González
11. Luis Torres-Chávez
12. Diego Andrés Ayala
13. Francisca Britez
14. Silvia Adela Chávez
15. Esteban Jorge Alvarenga
16. Arnaldo Galarza
17. Fátima Galarza
18. Derlis Armando Torres
19. Juan Ramón González
TOTAL AMOUNT
AMOUNT
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 20,000.00
US$ 380,000.00
E)
OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND NON-REPETITION GUARANTEES)
228. In this subparagraph, the Court will determine those measures of satisfaction
aimed at redressing non-pecuniary damage as well as other measures with a public