71
Arguments of the State
116.
The State indicated that:
a)
The Court should consider that the fact that the victims’ next of kin
were able to give testimony freely, in order to be heard and achieve the
access to justice that had been denied to them for several years is a form of
non-pecuniary reparation;
b)
It recognizes the complexity of repairing the damage materially and
restoring the violated rights; consequently, it adopts a positive attitude
towards the means of non-pecuniary reparation and of restoring the honor of
the victims proposed by the Commission and the representatives, and
c)
It recognizes and appreciates the efforts made by the next of kin of
Jorge Carpio Nicolle and the other victims in the case to establish the truth of
the facts and seek justice.
Considerations of the Court
117. International case law has established repeatedly that the judgment
constitutes, per se, a form of reparation.129 However, owing to the circumstances of
the case sub judice, the sufferings that the facts caused to the persons who have
been declared victims in this case, the changes in their living conditions, and the
other consequences of a non-pecuniary nature they have suffered, the Court
considers that it is pertinent to pay a compensation, in fairness, for non-pecuniary
damage.130
118. Bearing in mind the different aspects of the damage adduced by the
Commission and the representatives, and applying the preceding assumptions, the
Court establishes, in fairness, the value of the compensation for non-pecuniary
damage, in the terms indicated in the table that appears below (infra para. 120),
using the following parameters:
a)
To establish the compensation for non-pecuniary damage suffered by
Messrs. Carpio Nicolle, Villacorta Fajardo, Ávila Guzmán and Rivas González,
the Court recalls that they were executed extra-legally in circumstances of
extreme cruelty (supra para. 76(21) and 76(22)), so that it is evident that
they endured pain and suffering before they died;
b)
When determining the compensation corresponding to Sydney Shaw
Díaz, it must be recalled that he suffered cruel treatment and that, at the time
of the facts, he was a minor, so that he was especially vulnerable when, in a
state of complete defenselessness, he was shot several times and then left
abandoned on the highway (supra para. 76(22) and 76(83)). These
circumstances evidently caused him terror and anguish;
129
Cf. Case of Tibi, supra note 11, para. 243; Case of the “Juvenile Reeducation Institute”, supra
note 11, para. 299; and Case of Ricardo Canese, supra note 11, para. 205.
130
Cf. Case of Tibi, supra note 11, para. 243; Case of the “Juvenile Reeducation Institute”, supra
note 11, para. 299; and Case of Ricardo Canese, supra note 11, para. 205.
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