72
c)
Regarding the other survivors of the attack; namely, Mrs. Arrivillaga
de Carpio and Messrs. Shaw Arrivillaga, San Pedro Suárez and López
Arrivillaga, the Court recalls that they were subjected to cruel treatment by
witnessing the tragic events of the attack (supra para. 76(22)), so that they
also suffered fear and anguish. Mrs. Arrivillaga de Carpio and Mr. Shaw
Arrivillaga suffered particularly, to see their husband and son, respectively,
shot by those who ambushed them. Even though Sydney Shaw Díaz survived
the attack, Mr. Shaw Arrivillaga believed for a time that his son had died
immediately (supra para. 76(83));
d)
The suffering of the next of kin of Messrs. Carpio Nicolle, Villacorta
Fajardo, Ávila Guzmán and Rivas González (who were part of the delegation
accompanying Mr. Carpio Nicolle), as a direct consequence of the cruel death
of these victims, must be taken into account. The Court also takes into
consideration that the said next of kin and also Mrs. Arrivillaga de Carpio and
Messrs. Shaw Arrivillaga, Shaw Díaz, San Pedro Suárez and López Arrivillaga,
were victims of the violation of Articles 5, 8(1) and 25 of the Convention, in
relation to Article 1(1) thereof. The impunity that reigns in this case has been
and continues to be a source of suffering for these persons and makes them
feel vulnerable and in a state of permanent defenselessness before the State,
which causes them anguish, and
e)
All the above situations resulted in great grief, insecurity, sadness and
frustration for the survivors of the attack and the next of kin of the victims
who were executed. This has adversely affected their living conditions and
their family and social relationships (supra para. 76(71), 76(75), 76(76),
76(81), 76(83), 76(84), 76(86), 76(88), 76(90) and 76(92), and had an
extremely negative effect on their lives.
119.
The provisions contained in paragraphs 97 to 100 of this judgment will be
applied as regards the payment of compensation.
120. Considering the different aspects of the non-pecuniary damage caused, the
Court establishes, in fairness, the amount of the compensation for this concept as
follows:
COMPENSATION FOR NON-PECUNIARY DAMAGE
Victims
Jorge Carpio Nicolle
Martha Arrivillaga de Carpio
Jorge Carpio Arrivillaga
Rodrigo Carpio Arrivillaga
Daniela Carpio Fischer
Rodrigo Carpio Fischer
Karen Fischer
Juan Vicente Villacorta Fajardo
Silvia Arrivillaga de Villacorta
Álvaro Martín Villacorta Arrivillaga
Silvia Piedad Villacorta Arrivillaga
Juan Carlos Villacorta Arrivillaga
María Isabel Villacorta Arrivillaga
José Arturo Villacorta Arrivillaga
Rigoberto Rivas González
Rosa Everlida Mansilla Pineda
Amount
US $55,000.00
US $100,000.00
US $40,000.00
US $40,000.00
US $8,000.00
US $8,000.00
US $40,000.00
US $55,000.00
US $80,000.00
US $40,000.00
US $40,000.00
US $40,000.00
US $40,000.00
US $40,000.00
US $55,000.00
US $80,000.00
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