77
285. Likewise, in his statement presented by means of an affidavit, Mr. Francisco
Arriaga Alonzo expressed that “we were afraid and lacked confidence,” and added
that “one feels disappointment.” Similarly, the Court observes that in his statement
in the public hearing before the Court, Ms. Felicita Herenia Romero Ramírez
expressed that “we feel deceived, […] I repeat, also angry and sad.”
286. Based on the foregoing, it is inferred that the victims in the instant case
suffered non-pecuniary damages, evidenced through frustration and other
psychological and emotional damage derived from the lack of justice and continued
impunity of the instant case to date, 15 years after the investigation on the facts of
the massacre began.
287. As previously indicated, the Court values the compensations performed by the
State in the framework of the friendly settlement agreement before the Commission
(supra para. 281. However, it considers that, as established in the instant Judgment,
the victims have suffered non-pecuniary damages, through the infringement of their
mental and moral integrity, derived from the lack of justice and impunity that
persists in the instant case to this day (supra para. 213 and 217). The Court deems it
necessary to grant the victims an additional compensation for the non-pecuniary
damage suffered, as of April 1, 2000, and in conformity with the violations declared
in the instant Judgment.
288. Regarding the then child survivors, expert witness Marco Antonio Garabito
Fernández, in the expert opinion provided before a notary public, expressed that
“[t]hey became strangers when the link, privacy, and feelings of belonging to a
family and community were broken. In a lot of cases this feeling of abandonment
was not compensated by the substitute families […] as in the case of Ramiro Osorio
Cristales”. Additionally, this expert witness indicated that “the construction of a
healthy individuality presupposes having a group of points of reference which, in this
case, are violently destroyed […], as there is a need to fight the dissonance caused
by having to life in a new family, […] while denying the previous experiences with
the family of origin, which is no longer present. This dissonant duality is a source of
permanent conflict and re-traumatizing of the lost childhood.”
289. Ramiro Antonio Osorio Cristales himself, in the statement provided in the
public hearing before the Court, highlighted that “all day I said to myself that I had
to endure because I survived for a purpose, and that purpose was to be the voice of
those who are no longer here.” Additionally, he indicated that he “would return to
Guatemala, but I will never walk around with peace, I am afraid, primarily because
the murderers are still free.”
290. In this regard, the Court has already established in its constant jurisprudence
that a judgment declaring a violation of human rights constitutes per se a means of
reparation282, which it reiterates in this case.
291. The Court observes that the State, as a consequence of its recognition of
international responsibility during the procedure before the Commission, granted an
amount for reparations and committed to combat the impunity of the case, which
has not been fulfilled to date. This demonstrates that the denial of justice has
deepened the suffering of the 155 victims in the instant case (supra para. 213 and
217), therefore, the Court determines that the configuration of a non-pecuniary
damage susceptible to reparation, by means of substitution, through a
compensation.
282
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996.
Series C No. 29, para. 56; Case of Anzualdo Castro v. Peru, supra note 28, para. 219, and Dacosta
Cadogan v. Barbados, supra note 28, para. 100.
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