Victim and his
next of kin
Non-pecuniary
damage
Violation of
the
right to life
US$100,000.00
José Carlos Trujillo Oroza
Not quantified
Gladys Oroza de Solón
Romero
Walter
Solón
Romero
Gonzales
Pablo Erick Solón Romero
Oroza
Walter Solón Romero Oroza
US$100,000.00
TOTAL
TOTAL AMOUNT
US$250,000.00 US$100,000.00
US$ 350,000.00
US$50,000.00
US$50,000.00
US$50,000.00
The Commission’s arguments
80.
The Commission expressed its agreement with the criteria used by the
representatives of the victim and his next of kin to establish compensation for nonpecuniary damage.
The State’s arguments
81.
The State declared:
a)
that it had sent an official note to the victim’s mother acknowledging
the facts and apologizing for what had happened. This document shows that
the State has given full moral satisfaction to the victim’s next of kin;
b)
that the use of the case for political ends, outside the sphere of the
proceeding, invalidates the claims for non-pecuniary damage in the
application; and
c)
that it offers to pay the total amount of US$40,000.00 (forty thousand
United States dollars) as sole and comprehensive compensation “under all the
headings requested by CEJIL and by the Commission.” This compensation is
fair, according to Bolivia, because the victim’s next of kin “have declared that
they do not want money, but rather the punishment of those responsible”,
“and because of the constant changes in procedural position” of the said next
of kin.
Considerations of the Court
82.
The Court considers that jurisprudence can serve as guidance to establish
principles in this matter, although it cannot be invoked as a precise norm to follow
because each case must be examined in the light of its particularities45. It should
also be added that, in the instant case, the State has acknowledged the facts and
assumed its responsibility.
45
cf. The “White Van” case (Paniagua Morales et al.). Reparations, supra note 4, para. 104; Blake
case. Reparations (Article 63(1), American Convention on Human Rights). Judgment of January 22, 1999.
Series C No. 48, para. 54; and Castillo Páez case. Reparations, supra note 29, para. 83.