42
Considerations of the Court
95.
The Court deems that case law serves as orientation to establish principles
regarding this matter, although it cannot be invoked as a an unambiguous criterion,
because each case must be analyzed in accordance with its own characteristics.60 It
should be added that in the instant case the State has acknowledged its international
responsibility.
96.
International case law has repeatedly established that the judgment
constitutes per se a form of reparation.61 Nevertheless, due to the grave
circumstances of the instant case, the intensity of the suffering caused to the victim
and his next of kin, the change in the conditions of existence of the family and the
other non-pecuniary consequences they suffered, the Court deems it pertinent for
compensation to be paid, in fairness, for non-pecuniary damage.62 In previous cases,
this Court has pointed out that when there is acknowledgment of responsibility by
the State, evidence is not required to demonstrate the damage caused.63
97.
In the sub judice case, the representatives of the next of kin of the victim and
the Commission referred to various non-pecuniary damage caused to Walter David
Bulacio and his next of kin by the facts. Such damage includes physical and
psychological suffering of the victim as a consequence of his detention and death;
and the suffering caused by lack of communication of the detention of Walter David
Bulacio to his parents, allegations that Walter David Bulacio was a youth with
doubtful behavior, and lack of investigation and punishment of those responsible for
what took place.
98.
As the State has recognized, Walter David Bulacio was detained by agents of
the State, and died one week after his detention, because of “an inappropriate
exercise of the duty of custody” by the State (supra 32). It is part of human nature
60
Cf., Trujillo Oroza Case, Reparations, supra note 30, para. 82; “White Van” Case (Paniagua
Morales et al.), Reparations, supra note 30, para. 104; and Blake Case. Reparations (Art. 63(1) American
Convention on Human Rights). January 22, 1999 Judgment. Series C No. 48, para. 54.
61
Cf., Juan Humberto Sánchez Case, supra note 4, para. 172; “Five Pensioners” Case, supra note 4,
para. 180; Las Palmeras Case, Reparations, supra note 5, para. 74; Trujillo Oroza Case, Reparations,
supra note 30, para. 83; Bámaca Velásquez Case, Reparations, supra note 30, para. 60; Cantoral
Benavides Case, Reparations, supra note 30, para. 57; Mayagna (Sumo) Awas Tingni Community Case,
supra note 4, para. 166; Cesti Hurtado Case. Reparations, supra note 30, para. 51; “Street Children” Case
(Villagrán Morales at al.), Reparations, supra note 30, para. 88; and “White Van” Case (Paniagua Morales
et al.), Reparations, supra note 30, para. 105. Likewise, Cf. Eur.. Court HR, Ruiz Torija v. Spain judgment
of 9 December 1994, Series A no. 303-A, para. 33; Eur. Court HR, Boner v. the United Kingdom judgment
of 28 October 1994, Series A no. 300-B, para. 46; Eur. Court HR, Kroon and Others v. the Netherlands
judgment of 27 October 1994, Series A no. 297-C, para. 45; Eur. Court H.R., Darby v. Sweden judgment
of 23 October 1990, Series A no. 187, para. 40; Eur. Court H.R., Wassink v. The Netherlands judgment of
27 September 1990, Series A no. 185-A, para. 41; Eur. Court H.R., Koendjbiharie v. The Netherlands,
judgment of 25 October 1990, Series A no. 185-B, para. 34; and Eur. Court H.R., Mc Callum v. The United
Kingdom judgment of 30 August 1990, Series A no. 183, para. 37.
62
Cf., Juan Humberto Sánchez Case, supra note 4, para. 172; El Caracazo Case, Reparations, supra
note 5, para. 99; and Trujillo Oroza Case, Reparations, supra note 30, para. 83.
63
Cf., Trujillo Oroza Case, Reparations, supra note 30, para. 85; Garrido and Baigorria Case,
Reparations, supra note 47, para. 49; and Aloeboetoe et al. Case. Reparations (Art. 63(1) American
Convention on Human Rights). September 10, 1993 Judgment. Series C No. 15, para. 52.
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