49
108,000.00 (one hundred eight thousand United States dollars) and (b) for each of the
29 injured persons whose right to personal integrity for the injuries suffered has been
declared violated and who are named in Annex B(3) of this judgment, USD 7,000.00
(seven thousand United States dollars). The amounts ordered on behalf of the persons,
who were deceased at the time of the delivery of this judgement, must be paid to their
next of kin, within the period established in paragraph 196 of this judgment, according
to the following criteria:
(a) fifty percent (50%) of the compensation for each victim to be divided, in equal
parts, among his or her children. If one or more of the children has already died, that
part is to be added to that of the other children of the victim;
(b) the other fifty percent (50%) of the compensation to be paid to the spouse or
permanent companion of the victim at the time of the victim’s death, as pertinent;
(c) if the victim had neither children, nor spouse, nor permanent companion, what
would have been due to the next of kin in that category shall be added to the part
corresponding to the other category;
(d) if the victim had neither children, nor spouse, nor permanent companion, the
compensation for pecuniary damages shall be given to his parents or, if none, to his
siblings in equal parts, and
(e) if the victim had neither children, nor spouse, nor permanent companion, nor
parents or siblings, the compensation shall be paid to the heirs in accordance with
the domestic law.
E.2. Non-pecuniary damages
187. The representative requested that the Court grant a compensation for pain and
suffering of GTQ 500,000.00, the equivalent of USD 66,894.64, for each person, without
distinguishing between the deceased and injured victims and without explaining the
reasons for the amount requested.
188. The State argued that if it were found internationally responsible, the Court must
take into account the elements based on the evidence presented during the international
process to determine whether it is appropriate to pay for pain and suffering on behalf of
the victims in this case.
189. The Court has established that non-pecuniary damages may include the suffering
and distress caused by the violation as well as the impairment of values that are highly
significant to the victims, as well as non-monetary alterations in their living conditions.234
Since it is not possible to assign a precise monetary equivalent to non-pecuniary damages,
the victims, to be integrally repaired, can only be compensated by a monetary payment
or by the assignment of goods or services that can be assessed monetarily, as prudently
determined by the Court, applying judicial discretion and the principle of equity. 235
190. The Court notes that the representative offered no arguments nor evidence on which
to base the amounts. Nevertheless, in view of the criteria established in its case law, the
circumstances of this case, the nature and seriousness of the violations, as well as the
suffering caused to the victims,236 the Court considers it pertinent to set, in equity:
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs, supra,
para. 84 and Case of Amrhein et al. v. Costa Rica, supra, para. 482.
235
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs, supra,
para. 84 and Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 424.
236
Cf. Similarly, Case of Ticona Estrada et al. v. Bolivia, supra, para. 109 and Case of Carvajal Carvajal et al.
v. Colombia, supra, para. 228.
234