any change of a non-pecuniary nature, in the living conditions of the victims.” 499 Since it is
not possible to assign a precise monetary equivalent to the non-pecuniary damage, this
can only be compensated, in order to ensure full reparation for the victim, by the payment
of a sum of money or the delivery of goods or services with a monetary value determined
by the Court in reasonable application of judicial discretion and based on equity. 500 In
addition, the Court reiterates the compensatory nature of damages, the nature and
amount of which depend on the harm caused, so that they should not result in the
enrichment or impoverishment of the victims or their heirs. 501
484. This Court has affirmed that non-pecuniary damage is evident, because it is inherent
in human nature that any person whose human rights are violated endures suffering. 502 In
relation to the victims in this case, the Court has declared the international responsibility
of the State for various violations, depending on the specific situation of each victim. Thus,
it has established the violation of the rights to nationality, to recognition of juridical
personality, to a name (and owing to these violations taken as a whole, to identity), to
personal liberty, to personal integrity, to judicial guarantees and protection, to protection
of the family, to privacy in relation to the interference in the home, to movement and
residence, to equality before the law and the prohibition of discrimination with regard to
different victims, as well as in relation to the rights of the child with regard to the children
in this case.
485. Based on the foregoing, the Court establishes, in equity, the following amounts for
non-pecuniary damage:
a) Medina Ferreras family
Willian Medina Ferreras, Lilia Jean Pierre, Awilda Medina, Luis Ney Medina, and
Carolina Isabel Medina (deceased): the sum of US$10,000.00 (ten thousand United
States dollars) each. The amount corresponding to Carolina Isabel Medina shall be
delivered, in equal parts, to the other victims from her family.
b) Fils-Aimé family
Jeanty Fils-Aimé (deceased), Janise Midi, Endry Fils-Aimé, Antonio Fils-Aimé and
Diane Fils-Aimé: the sum of US$10,000.00 (ten thousand United States dollars)
each. The amount corresponding to Jeanty Fils-Aimé shall be delivered, in equal
parts, to the other victims from his family.
c) Gelin family
Berson Gelin and William Gelin: the sum of US$10,000.00 (ten thousand United
States dollars) each.
d) Sensión Family
Antonio Sensión, Ana Virginia Nolasco, Ana Lidia Sensión and Reyita Antonia Sensión:
the sum of US$10,000.00 (ten thousand United States dollars) each.
499
Cf. Case of the “Street Children” (Villagrán Morales et al.), para. 84, and Case of Norín Catrimán et al.
(Leaders, members and activist of the Mapuche Indigenous People) v. Chile, para. 441.
500
Cf. Case of Cantoral Benavides v. Peru. reparations and costs, para. 53, and Case of Veliz Franco et al. v.
Guatemala, para. 295.
501
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. reparations and costs. Judgment of
May 25, 2001. Series C No. 76, para. 79, and Case of Veliz Franco et al. v. Guatemala, para. 295.
502
299.
Cf. Case of Reverón Trujillo v. Venezuela, para. 176, and Case of Veliz Franco et al. v. Guatemala, para.
150
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