40 90. The Court will now consider those injurious effects of the facts that are not financial or pertaining to the estate. Non-pecuniary damage can include suffering and distress caused to the direct victims and to their next of kin, and detriment to very significant values of persons, such as non-pecuniary alterations in the conditions of existence of the victim or the victim’s family. This damage can only be compensated by amounts set by the Court through reasonable application of judicial discretion.59 Arguments of the representatives of the next of kin of the victim 91. The representatives argued that: a) b) while it is presumed that there was non-pecuniary damage to the victim, it is necessary to mention the fear and anguish which Walter David Bulacio must have felt, in a situation of defenselessness during the hours from when he was detained until he lost consciousness, during which he must have felt spiritual suffering which must be compensated “adequately through his heirs apparent;” the parents of the victim, Víctor David Bulacio and Graciela Rosa Scavone, were seriously affected by the facts and, especially, by subsequent denial of justice after the detention and death of their son. In the father’s case, his physical and spiritual deterioration due to what happened to his son led to several attempts to commit suicide; a) with respect to Lorena Beatriz Bulacio, the victim’s sister, compensation must be made for her spiritual suffering, which in her case generated grave pathological psychological consequences; and b) finally, María Ramona Armas de Bulacio, the grandmother of the victim, who “undertook the family mandate of not allowing Walter’s case to be forgotten by society,” must receive compensation “for her immense grief.” Arguments of the Commission 92. Walter David Bulacio and his next of kin experienced moral suffering because of the facts in the instant case. Therefore, they have a right to reparation, as “it is clear [...] that Walter’s detention and death have had a catastrophic impact on the family;” the damage caused by the traumatic situation they suffered has left effects and scars, many of them “irremediable.” Furthermore, the next of kin of the victim have sought justice for almost twelve years, without attaining effective results, which has also brought them negative consequences. Specifically, the Commission pointed out that: a) 59 it is part of human nature that any person subject to aggression and maltreatment experiences deep moral suffering, which extends to the Cf., Juan Humberto Sánchez Case, supra note 4, para. 168; El Caracazo Case, Reparations, supra note 5, para. 94; and Trujillo Oroza Case, Reparations, supra note 30, para. 77.

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