72
a)
it is necessary to take into account factors such as the gravity of the
violations and the emotional suffering of the next of kin of the victims;
b)
in the instant case, the parents and the siblings of the victims suffered
very much, and this suffering was worsened by the fact that two members of
the family were simultaneously involved in the facts; and
c)
the Commission asked the Court to order the State to pay the parents
and siblings of the victims an amount set in fairness by the Court.
Pleadings of the representative of the victims and their next of kin
213. The representative of the victims and their next of kin asked the Court to
order the State to compensate the successors of the victims for the suffering inflicted
on both of them; she also asked for compensation for the moral damage directly
suffered by the next of kin of the alleged victims. Finally, the representative left it to
the discretion of the Court to grant Jacinta Peralta Allccarima, the mother of Nora
Emely Gómez Peralta and girlfriend of Rafael Samuel Gómez Paquiyauri at the time
of the events, a compensation for the moral damage suffered, set in fairness, due to
the suffering caused by the death of Rafael Samuel Gómez Paquiyauri at a time when
she was pregnant with his child.
Pleadings of the State
214. Regarding to the Commission’s claims regarding reparations, the State
expressed, in general terms, that “it accepts the responsibility for the crime
committed by [its] police agents, and therefore it will jointly and severally provide
reparations for the injuries caused.”
Considerations of the Court
215. International jurisprudence has repeatedly pointed out that the judgment is
per se a form of reparation. However, given the circumstances of the instant case,
the suffering caused by the facts to the victims and to their next of kin, the changes
in the conditions of existence of their next of kin and the other non-pecuniary
consequences suffered by the latter, the Court deems it appropriate to order
payment of a compensation, in fairness, for non-pecuniary damages.150
216. In considering and setting reparations for non-pecuniary damages, the Court
has taken into account the various kinds of non-pecuniary damages to which the
representative of the victims and their next of kin and the Commission have referred:
the anguish of the victims before their death as a consequence of their unlawful and
arbitrary detention and the torture to which they were subjected; the suffering of the
next of kin of the victims due to the “gravity of the violations,” as well as for the fact
that they were committed against two members of the family; the “devastating”
consequences of the facts of the instant case on the family as a whole, and
individually on each of its members, including the loss of the child of Marcelina
Haydeé Gómez Paquiyauri; the grief caused by presenting the victims as criminals
who died in an armed confrontation; the anguish regarding persistence of a situation
of impunity due to not establishing the responsibility of all those who ordered and
150
See Case of Maritza Urrutia, supra note 5, para. 166; Case of Myrna Mack Chang, supra note 5,
para. 260; and Case of Bulacio, supra note 6, para. 96.
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