life would normally have taken, which represents serious harm to her way of
life56.
d)
the foregoing considerations (supra para. 88.a and b) are applicable to
the victim’s adoptive father or stepfather and brothers, who, as members of a
close-knit family, had a close relationship with José Carlos Trujillo Oroza, lived
in the same house with him, and personally experienced the uncertainty
about the whereabouts of the victim, so that they could not be indifferent to
the severe suffering of José Carlos. Also, in the case of the victim’s brothers,
it should be recalled that, according to the most recent jurisprudence of the
Court, it can be presumed that the death of a person causes his siblings nonThe amount corresponding to the non-pecuniary
pecuniary damage57.
damage caused to Walter Solón Romero Gonzales will be delivered to his
spouse and his two sons in equal parts.
89.
Bearing in mind the different aspects of the damage referred to above, cited
by the representatives of the victim and his next of kin and endorsed by the
Commission, where they are pertinent and respond to the particularities of the case,
the Court establishes in fairness the value of the compensation for non-pecuniary
damage that should be paid to the victim’s next of kin, as indicated in the following
table:
Reparation for non-pecuniary damage
4) VICTIM AND HIS NEXT OF KIN
5) AMOUNT
José Carlos Trujillo Oroza (victim)
US$100,000.00
Gladys Oroza de Solón Romero
US$80,000.00
(mother)
Walter Solón Romero Gonzales
US$25,000.00
(adoptive father)
Pablo Erick Solón Romero Oroza
US$20,000.00
(brother)
Walter Solón Romero Oroza (brother)
US$20,000.00
TOTAL AMOUNT
US$245,000.00
C)
OTHER FORMS OF REPARATION
90.
In this section, the Court will proceed to determine those measures of
compensation for non-pecuniary damage that have no financial value.
Arguments of the representatives of the victim and his next of kin
91.
The representatives of the victim and his next of kin requested the Court to
order the following measures of satisfaction:
a)
investigation into the whereabouts of the disappeared person and
return of his body
56
cf. Loayza Tamayo case. Reparations, supra note 31, paras. 147-154; and Cantoral Benavides
case. Reparations, supra note 3, para. 60.
57
cf. Cantoral Benavides case. Reparations, supra note 3, paras. 37 and 61d); The “Street
Children” case (Villagrán Morales et al.). Reparations, supra note 3, para. 68; and The “White Van” case
(Paniagua Morales et al.). Reparations, supra note 4, paras. 110, 126 and 144.