252. The representatives stated that “[t]he manner in which the murder of Carlos Luna
López was carried out impli[ed] a situation of extreme violence for the victim. […] In
addition, Mr. Luna’s suffering [was] exacerbated because he was the victim of threats prior
to his death and although the authorities were aware of this, they took no action to protect
him. […] Consequently, taking into account the circumstances and the Court’s case law in a
similar case, [they asked the Court] to order the State to pay the sum of US$ 80,000
(eighty thousand dollars of the United States of America) as non-pecuniary damage for the
murder of Carlos Luna López.”
253. Having regard to its case law,343 and in consideration that in Chapter VI this Court
determined that the State did not act with the due diligence required to counter the threat
against Carlos Luna López and did not act as could reasonably be expected in the
circumstances of the case to prevent his death (supra para. 138), the Court establishes, in
equity, the sum of US$ 50,000 (fifty thousand dollars of the United States of America) as
compensation for non-pecuniary damage to Mr. Carlos Luna López.
254. Finally, the compensation granted in this chapter in favor of Carlos Luna López shall
be distributed in equal parts between his wife and children. Should one or several of the
children die before the respective compensation is paid, the corresponding amount shall be
increased for his remaining children. Also, in light of the death of Mariana Lubina López
(mother), the amount of the compensation awarded to her shall be divided among her
beneficiaries in accordance with domestic law.
D.2.2. Non-pecuniary damage to the detriment of the family of Carlos
Luna López
255.
The representatives pointed out that “[i]n this case, the suffering is evident
considering the threats faced by Mr. Luna prior to his death. As we know, the family
members were aware of those threats and were also victims of them. Thus the suffering did
not begin with the death of Mr. Luna, but rather months earlier, when they were already
living with constant worry over the probable loss of a loved one, which in fact later
occurred. In addition to the pain caused by a violent death, they also suffered because of
the sequence of state negligence throughout the investigative process [...]. In this regard,
they ask[ed] the Court to award compensation in equity and in accordance with its case law
for US$ 50,000 (fifty thousand dollars of the United States of America) for each of the
closest family members of Carlos Luna López: Mariana Lubina López (mother), Rosa
Margarita Valle Hernández (wife), Carlos Antonio Luna Valle (son), César Augusto Luna Valle
(son), Lubina Mariana Luna Valle (daughter), Allan Miguel Luna Valle (and), José Fredy Luna
Valle (son) and Roger Herminio Luna (son).”
256. In this regard, the Court decides to award the sum of US$ 7,000 (seven thousand
dollars of the United States of America) as compensation for non-pecuniary damage (supra
Chapter VIII) in favor of Mariana Lubina López, Rosa Margarita Valle Hernández, César Luna
Valle, Carlos Antonio Luna Valle, Lubina Mariana Luna Valle, Allan Miguel Luna Valle, José
Fredy Luna Valle and Roger Herminio Luna.
E.
Costs and expenses
343
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra, para. 84 and Case of Artavia Murillo et
al. (In vitro fertilization) v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 28, 2012. Series C, No. 257, para. 363.
72
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