92 decided by the members of the Indigenous Community in accordance with their own needs and manner of decision-making, practices, values, and customs. C) NON-PECUNIARY DAMAGES Pleadings of the Commission 196. The Commission asked the Court to order the State to pay an amount defined in fairness as compensation for the non-pecuniary damage to the victims in the instant case. In this regard, the Commission alleged that: a) the State must pay the Yakye Axa Community and its members for the suffering, anguish and unworthy treatment to which they have been subjected during the years while they have awaited an effective response to their territorial claim. The members of the Yakye Axa Community have suffered rejection of their legitimate claim and have undergone constant pressure both by private citizens and by State agents seeking to force them to desist from their claim; b) it is necessary to consider the inhumane living conditions to which the members of the Community, including children, the elderly, and women, have been subjected due to lack of guarantees by the State regarding the Community’s property rights to their ancestral territory. It is also necessary to take into account that the death of several members of the Community has affected both their next of kin and the Community itself, and c) the State must establish, taking into account the overall detriment to rights that has taken place, a special fund for reparations to fund educational and training programs, as well as psychological and medical care for the members of the Community, whose implementation will require prior consent of the interested parties, in accordance with their practices and customs. Pleadings of the representatives 197. The representatives, in turn, alleged that: a) the State must pay the Yakye Axa Community and its members an amount set in fairness as compensation for their sorrow and suffering due to rejection of their legitimate land claim, as well as the anguish and powerlessness that they have felt as victims of threats and harassment by State authorities and private citizens during the years they have been waiting to recover their ancestral land; b) the State must pay an amount set in fairness as compensation for the grief and sorrow suffered by the next of kin of the sixteen members of the Community who have died in its current settlement. The State must also pay the Community an amount for the suffering, anguish, powerlessness and unworthy treatment of its members in face of the death of the children and elderly persons in the Community, and c) reparations for what the members of the Yakye Axa Community have suffered should include the establishment of a special pecuniary fund to finance educational and training programs as well as psychological and