76
256. As the Court has held in similar cases,248 the non-pecuniary damage sustained by
Mariela Morales Caro, Pablo Antonio Beltrán Palomino, Virgilio Hernández Serrano, Carlos
Fernando Castillo Zapata, Luis Orlando Hernández Muñoz, Yul Germán Monroy Ramírez,
Gabriel Enrique Vesga Fonseca, Benhur Iván Guasca Castro, Orlando Morales Cárdenas,
César Augusto Morales Cepeda, Arnulfo Mejía Duarte, Samuel Vargas Páez, Arturo Salgado
Garzón, Wilson Humberto Mantilla Castilla and Manuel Libardo Díaz Navas is evident, since
it is human nature that a person subjected to arbitrary detention and extrajudicial execution
suffers deep pain, anguish, terror, impotence and insecurity. As a result, these damages
need not be proved. Moreover, surviving victim Arturo Salgado documented the anguish
and suffering endured by the victims in the public hearing held before the Inter-American
Court249.
257. The Court observes that the domestic proceedings did not award compensation for
the suffering of these deceased victims. Consequently, it is appropriate for the Court to
order an award.
258. With regards to the next of kin of the twelve executed victims and the next of kin of
the surviving victim Arturo Salgado Garzón, it has been established that they are victims of
the violation of Articles 5, 8 and 25 of the Convention, in accordance with the terms of
paragraphs 141 and 225 of the present Judgment.
259. The testimony of victim Arturo Salgado and the victims’ next of kin in these
proceedings demonstrate the broad effects that the events of the Rochela Massacre had on
various aspects of their lives, such as their mental and physical health, family relations,
finances and work.
260. With regards to the impact on professional life and security, Mr. Virgilio Alfonso
Hernández Castellano, son of a deceased victim, stated that while serving as a prosecutor
he was accused of “investigating members of the public force out of revenge, [because he
had a] vindictive or inquisitive fury”, and thus had to “go into exile [for] a six-month period
and later for two years] as a result of the threats [he] received”. Later on, he had to leave
his position as a prosecutor. In his account of one of these threats, he stated that “[he] was
reminded that he was the son of one of the victims of The Rochela[, …] and was told to step
out of the investigations against members of paramilitary groups” “or else they would finish
off [his] family tree”.
261. The health of several relatives of the executed victims was severely affected. For
example, one month after the massacre, Mr. Gilberto de Jesús Morales Téllez “developed a
severe Reactive Depression as a result of the murder of his daughter Mariela Morales Caro”.
This was followed by a peptic ulcer that caused upper gastrointestinal bleeding which in turn
brought on “pulmonary aspiration and hypovolemic shock”. According to a medical
certificate, “[his] clinical condition deteriorated and Mr. Morales Téllez developed a multiple
organ dysfunction syndrome that led to his death on April 16, 1989,”250 just three months
after the massacre.
248
Cf. Case of La Cantuta, supra note 8, para. 217; Case of Goiburú et al., supra note 11, para. 157; and
Case of the Ituango Massacres, supra note 15, para. 384.
249
Cf. witness testimony offered by Arturo Salgado Garzón in the public hearing before the Inter-American
Court held January 31 and February 1 of 2007.
250
Cf. medical report offered by Diego León Severiche Hernández, internist, pulmonologist, and intensive care
specialist; and the death certificate of Mr. Gilberto de Jesús Morales Téllez issued on April 17, 1989 (record of
evidences to the brief containing pleadings and motions, volume I, pages 2175 to 2177).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents