in the case of Fernando, María Angélica and Belkis Mirelis González “for almost 11
months of detention,” the sum of US$ 16,500 for each one and for Wilmer Barliza
González, “for 8 months of detention,” US$ 12,000.
b) As to non-pecuniary damages, in equity, for the death of Olimpiades González “a
compensation of US$ 150,000 for each of the parents Fernando and Aura, in addition
to the sum of US$ 20,000 for each of his siblings María Angélica, Belkis, Arianny,
Laura Joselin, Alejandro and Fernando González (jr.).” For the arbitrary detentions
and “the shameful conditions endured,” they requested in favor of Fernando, María
Angélica and Belkis Mirelis González the sum of US$ 30,000 for each one, for Wilmer
Antonio Barliza US$ 21,000 and for Luis Guillermo González US$ 8,000.
213. The Court has noted that pecuniary damages presuppose the loss or detriment
to the income of the victims, the expenses due to the events and the monetary
consequences that have a causal nexus with the events of the case.185 It has also
established that non-pecuniary damages may include both the suffering and the
afflictions caused to the direct victims and their relatives and the impairment of values
of great significance for the individual, as well as alterations of a non-pecuniary nature
in the living conditions of victims and their families.186.
214. The Court believes that, given the nature of the events and the violations declared
in this Judgment, the victims have suffered pecuniary and non-pecuniary damages that
should be compensated.187 However, it is not appropriate to order pecuniary or nonpecuniary damages to those individuals who were not declared victims (supra para. 16).
Nor is it appropriate to order compensation for damages arising from the death of
Olimpiades González since the State was not found responsible for his death. On the
other hand, there is no evidence of a causal nexus between the declared violations in
this Judgment and harm to the health of the victims mentioned by the representatives
in their petition for pecuniary damages. It is also to be noted that the consequences on
the personal integrity of the victims who were deprived of their liberty has been taken
into consideration with respect to the measures of rehabilitation that have been ordered
in this Judgment (supra para. 201 and infra para. 217). Finally, note should be taken
that the representatives requested the setting of the monetary amounts, “in equity,” but
did not provide sufficient evidence with respect to the monetary amount of the pecuniary
damage that they allege.
215. In view of the foregoing, the Court deems it appropriate to determine, in equity,
and in order to repair in a unified or joint manner the pecuniary and non-pecuniary
damages, as compensation and in consideration of the different violations of human
rights suffered by the victims, the following monetary amounts in favor of each of the
victims and beneficiaries of reparations as indicated below:
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002.
Series C No. 91, para. 43 and Case of Garzón Guzmán et al. v. Ecuador, para. 130.
185
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 84 and Case of Garzón Guzmán et al. v. Ecuador, para.
132.
186
Fernando González, in his statement before the Court by videorecorder, stated that “he had to sell
everything” to pay the expenses arising from the events of the case, although he did not expressly refer to
which events caused those expenses. Similarly, Laura Joselin González, referring to the deprivations of liberty
suffered by her family members, stated that the family had expenses “of food and transfer to the different
areas of the penitentiary and the El Marite Center.” She also informed that her cousins Wilmer Antonio Barliza
González and Luis Guillermo González had lost their jobs. (Cf. Written statement of Laura Joselin González
before the Court.)
187
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