11
49.
The moral damages are demonstrated by expert documentary evidence and the testimony
of Dr. Federico Allodi (supra 11), psychiatrist and Professor of Psychology at the University of
Toronto, Canada. According to his testimony, the above doctor examined the wife of Saúl
Godínez Cruz, Mrs. Enmidida Escoto de Godínez and his daughter, Emma Patricia Godínez Escoto.
According to those examinations, they had symptoms of fright, anguish, depression and
withdrawal, all because of the disappearance of the head of the family. The Government could
not disprove the existence of psychological problems that affect the family of the victim. The
Court finds that the disappearance of Saúl Godínez Cruz produced harmful psychological impacts
among his immediate family which should be indemnified as moral damages.
50.
The Court believes the Government should pay compensation for moral damages in the
amount of two hundred and fifty thousand lempiras, to be paid to the wife and daughter of Saúl
Godínez Cruz as specified below.
VII
51.
The Court now determines how the Government is to pay compensation to the family of
Saúl Godínez Cruz.
52.
Payment of the six hundred and fifty thousand lempiras awarded by the Court must be
carried out within ninety day from the date of notification of the judgment, free from any tax that
might eventually be considered applicable. Nevertheless, the Government may pay in six equal
monthly installments, the first being payable within ninety days and the remainder in successive
months. In this case, the balance shall be incremented by the appropriate interest, which shall be
at the interest rates current at the moment in Honduras.
53.
One-fourth of the indemnity is awarded to the wife who shall receive that sum directly.
The remaining three-fourths shall be for the daughter. With the funds from the award to the
daughter, a trust fund shall be set up in the Central Bank of Honduras under the most favorable
conditions permitted by Honduran banking practice.
The daughter shall receive monthly
payments from this trust fund, and at the age of twenty-five shall receive the totality of the
capital.
54.
The Court shall supervise the implementation of the compensatory damages at all of its
stages. The case shall be closed when the Government has fully complied with the instant
judgment.
VIII
55.
THEREFORE,
THE COURT,
unanimously