38
i)
during the public hearing, the representatives of the next of kin stated
that, in this case, several life plans – those of the victims and of their next of
kin - were destroyed.
The Commission’s arguments
86.
The Commission indicated that:
a)
with regard to non-pecuniary damage, compensation should be
granted in order to make reparation for the suffering that the five young
victims endured and also the suffering experienced by Ana María Contreras,
Matilde Reyna Morales García, Rosa Carlota Sandoval, Margarita Urbina,
Marta Isabel Túnchez Palencia, Noemí Cifuentes and the other immediate
next of kin of the victims. The Commission indicated the same persons that it
had named as beneficiaries for pecuniary damage (supra para. 76) as
beneficiaries of the compensation for non-pecuniary damage;
b)
the five youths were deprived of the basic measures of safety and
protection that the State should have provided to them as at-risk children,
and also the opportunity to develop and live with dignity. Furthermore, the
State did not respond to the systematic abuses perpetrated against them;
and
c)
the Court has recognized that, in the case of serious damage to the life
plan of a victim, total restitution requires a corresponding measure of
reparation. The elimination and reduction of the life plans of these youths has
objectively restricted their freedom and constitutes the loss of a valuable
possession. This type of grave prejudice to the victim’s future life does not
correspond to either pecuniary damage or non-pecuniary damage. It should
be compensated by a payment of at least US$50,000.00 (fifty thousand
United States dollars) for each of the victims.
The State’s arguments
87.
The State indicated that:
a)
with regard to the non-pecuniary damage, the judgment on
reparations should cover the aggrieved parties themselves and, if this is not
feasible, their direct next of kin. Therefore, it recognizes the following as
direct victims: Anstraun Aman Villagrán Morales, Henry Giovanni Contreras,
Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito
Josué Juárez Cifuentes and, as a result of the direct violations that they
suffered, Ana María Contreras, Matilde Reyna Morales García, Rosa Carlota
Sandoval, Margarita Urbina, Marta Isabel Túnchez Palencia and Noemí
Cifuentes. The State does not recognize the right of any other person to
receive reparations;
b)
with regard to each of the direct young victims, a sum of Q50,000.00
(fifty thousand quetzales) should be granted for non-pecuniary damage. The
sum of Q25.000.00 (twenty-five thousand quetzales) should be granted to
each of victims’ mothers and to Julio Roberto Caal Sandoval’s grandmother,
for the same concept;
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