73
nature that each person submitted to forced disappearance experience profound suffering,
anguish, terror, impotence, and insecurity, for which this harm does not require evidence.
Also, regarding the next of kin, the Court reiterates that the suffering caused to the victim
“extends to the intimate members of the family, especially those that had emotional and
close contact with the victim.”280 The Tribunal has also estimated that the suffering and
death of a person – in this case, the forced disappearance – gives rise to his sons,
daughters, partner or spouse, mother and father, a non-pecuniary damage, which does not
need to be demonstrated.281
277. In relation to the amount of additional compensation requested by the representatives
in favor of Encarnacion and Estermerio, the Court notes that said request was not presented
at the proper procedural moment, that is, in the brief of motions and pleadings. Namely,
the representatives requested said additional compensation in favor of the two brothers for
the first time in the final arguments and did not attach suitable elements that permit the
Court to eventually evaluate the particular consequences of such facts of the victims. It
corresponds to note that this Court, in examining the violation of Article 5(1) of the
Convention, took into account the effects to the psychological and moral integrity that each
one of the victims, among them Encarnacion and Estermerio, had suffered as a
consequence of the forced disappearance of Florencio Chitay Nech, which constitutes a
causal nexus for the reparations that the Tribunal fixes in this regard. Consequently, this
Tribunal will not fix additional compensation for Encarnacion and Estermerio Chitay
Rodriguez for non-pecuniary damage as was requested by the representatives.
290. In attention to the compensation ordered by the Court in other cases of forced
disappearances of persons, in consideration of the circumstances of the present case, the
entity, character, and gravity of the violations committed, the suffering caused to the
victims in a physical, moral, and psychological sense,282 the Court finds it pertinent to fix in
equity the compensation of US$ 80,000.00 (eighty thousand Dollars of the United States of
America) in favor of Florencio Chitay Nech, as compensation for non-pecuniary damage.
Likewise, considering that the next of kin of Florencio Chitay experienced various forms of
suffering and anguish due to the disappearance of their loved one, the lack of clarity
regarding his whereabouts, the forced displacement which occurred, the denial of justice,
as well as the change in family environment and the remaining consequences of a nonpecuniary nature that they suffered,283 the Court finds it pertinent to fix in equity the
compensation of US$ 40,000.00 (forty thousand dollars of the United States of America) in
favor of each one of the following persons: Encarnación and Pedro, with the last name of
Chitay Rodríguez. Also, for the same reason and in consideration of the afflictions to the
rights of the child, the Court fixes in equity the compensation of US$ 50,000.00 (fifty
thousand Dollars of the United States of America) in favor of each one of the following:
Eliseo, Estermerio and María Rosaura, all with the last name of Chitay Rodríguez.
280
Cf. Case Las Palmeras V. Colombia. Reparations and Costs. Judgment of 26 of November of 2002. Series
C. No. 96, para. 55; Case Goiburú et. al. V. Paraguay, supra note 87, para. 159, and Case Anzualdo Castro V.
Perú, supra note 86, para. 220.
281
This criteria has been maintained in other Cases, equally regarding sons, daughters, partners or spouses,
among others. Cf. Case of la Masacre of Pueblo Bello V. Colombia, supra note 94, para. 257; Case Goiburú et. al.
V. Paraguay, supra note 87, para. 159, and Case Anzualdo Castro V. Perú, supra note 86, paras. 220 and 221.
282
Cf. Case Ticona Estrada et. al. V. Bolivia, supra note 84, para. 109.
Cf. Case Ticona Estrada et. al. V. Bolivia, supra note 84, para. 109, and Case Dos Erres Massacre V.
Guatemala, supra note 12, para. 226.
283
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