41 the death penalty in cases of kidnapping until it has carried out the pertinent reforms; (h) To conduct a new criminal trial for the crime of which Mr. Raxcacó Reyes is accused, applying the reformed law, which is the only way to ensure an individualized and proportionate punishment, resulting from a fair trial that considers all the specific circumstances and elements of the case; and (i) To modify the prison term for the crime of kidnapping. The current punishment of 25 to 50 years of imprisonment is contrary to the American Convention. The length destroys the identity of the person who has been sentenced and causes irreversible psychological damage. 126. With regard to costs and expenses, the representatives requested the Court to order the State to pay the costs arising at the national and international levels. To this end, they calculated the sum of US$2,090.87 (two thousand and ninety United States dollars and eight-seven cents) in favor of IECCPG, and US$2,918.92 (two thousand nine hundred and eighteen United States dollars and ninety-two cents) in favor of CEJIL. They also requested that the expenses incurred by Mr. Raxcacó Reyes for the professional fees of his representatives at the national level should be established, according to the principle of equity. Arguments of the State 127. The State requested that, irrespective of its ruling in this case, the Court should take into consideration the country’s economic situation and reject the request for financial reparations made by the representatives, and also the procedural costs and expenses. Findings of the Court A) BENEFICIARY 128. In the terms of Article 63(1) of the American Convention, the Court considers that Ronald Ernesto Raxcacó Reyes is the injured party, as victim of the violations described in the preceding chapters of this judgment. B) PECUNIARY AND NON-PECUNIARY DAMAGE 129. Pecuniary damage presumes loss of or detriment to income, the expenses incurred as a result of the facts, and the consequences of a pecuniary nature that have a causal relationship with the violations.75 Non-pecuniary damage can include the suffering and hardship caused to the victims of human rights violations and to their next of kin, as well as the harm to objects of very significant value to an individual, and to his living conditions.76 130. In this case, the Court will not establish compensation for pecuniary damage related to the lack of work or economic activity of Mr. Raxcacó Reyes, as requested 75 Cf. Case of Acosta Calderón, supra note 1, para. 157; Case of Yatama, supra note 1, para. 242, and Case of Fermín Ramírez, supra note 1, para. 129. 76 Cf. Case of Acosta Calderón, supra note 1, para. 158; Case of Yatama, supra note 1, para. 243, and Case of Fermín Ramírez, supra note 1, para. 129.

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