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c)
the total amount corresponding to Julio Roberto Caal Sandoval shall be
given to his grandmother, Margarita Urbina;
d)
the total amount corresponding to Federico Clemente Figueroa
Túnchez shall be given to his mother, Marta Isabel Túnchez Palencia; and
e)
the total amount corresponding to Jovito Josué Juárez Cifuentes shall
be given to his mother, Noemí Cifuentes.
B)
NON-PECUNIARY DAMAGE
84.
The Court will now consider those harmful effects of the facts of the case that
are of neither a financial nor patrimonial nature and, therefore, cannot be assessed
in monetary terms. This non-pecuniary damage may include both the suffering and
distress caused to the direct victims and their next of kin, and the impairment of
values that are highly significant to them, as well as other sufferings that cannot be
assessed in financial terms. A common feature of the different forms of nonpecuniary damage is that, since it is not possible to assign them a precise monetary
equivalent, for the purposes of making integral reparation to the victims they may
only be compensated and this can be done in two ways. First, by the payment of a
sum of money or the assignment of goods or services that can be assessed
monetarily, as prudently determined by the Court, applying judicial discretion and
the principle of equity. And, second, by the execution of acts or works of a public
nature or repercussion, which have effects such as recovering the memory of the
victims, re-establishing their reputation, consoling their next of kin or transmitting a
message of official condemnation of the human rights violations in question and
commitment to the efforts to ensure that they do not happen again.
The arguments of the representatives of the victims’ next of kin
85.
The representatives of the victims’ next of kin indicated that:
a)
the mothers of the victims and the other members of their immediate
families underwent great suffering when they died;
b)
the suffering of the mothers of Henry Giovanni Contreras, Julio
Roberto Caal Sandoval, Federico Clemente Figueroa Túnchez and Jovito Josué
Juárez Cifuentes is not limited to the pain they suffered due to the death of
their sons, but they were also affected by the treatment to which the latter
were submitted before they died, because their sons were detained
incommunicado, abused and tortured, physically and psychologically, all by
agents of the State. According to the jurisprudence of the Court, the mothers
and the grandmother of Julio Roberto Caal Sandoval have a right to be
compensated for such suffering;
c)
the mothers, as ascendant relatives of the victims in the instant case,
are also considered direct victims of cruel and inhuman treatment, owing to
the State’s negligence. Moreover, the authorities did not make adequate
efforts to locate the immediate families of the victims and notify them of their
deaths, deliver the bodies to them and, when appropriate, give the next of
kin the opportunity to bury the victims and keep them informed about the
progress of the investigations. The said next of kin were unable to learn the
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