76
279. Likewise, the Court observed that in 2006 compensation was paid to an
additional list of 40 victims, of which 37 requested compensation for material losses,
and 3 for human losses. The State indicated that the compensation agreed at that
time was distributed as follows: for the victims of material losses Q. 41.740 (fortyone thousand seven hundred and forty quetzales), and for victims of human losses
Q. 91.740 (ninety one thousand seven hundred and forty quetzales).
280. In this regard, the Court notes that only five people in the aforementioned list
are victims in the instant case, namely: 1) Inocencio González, 2) Santos Nicolás
Montepeque Galicia, 3) Pedro Antonio Montepeque García and 4) Albina Jiménez
Flores, and 5) Venancio Jiménez Flores, and that each of them was paid US$
5,499.34 (five thousand four hundred and ninety-nine US dollars with thirty-four
cents) for material losses279.
281. In this regard, the Court notes that the State, in conformity with the friendly
settlement agreement signed by the State and the representatives, in the proceeding
before the Commission, paid the compensations awarded to the beneficiaries, as
indicated by the State itself (supra para. 278 and 279). Consequently, the Court does
not consider it necessary to establish additional compensations for material damages
nor to order the deduction of the aforementioned compensation.
282. Lastly, the Court notes that the family groups compensated at that time
include the victims in the instant case.
b)
Determination of the compensation for non-pecuniary damage in the
proceeding before the Court
283. Without detriment to the above, in chapter X of this Judgment, the Court
concluded that in the instant case the denial of justice has affected the mental and
moral integrity of the 155 victims, two of them survivors. Consequently, the Court
must determine fair compensation for the non-pecuniary damage suffered.
284. The Court notes that from the expert opinions provided by Nieves Gómez
Dupuis,280 it can be inferred that “[t]he lack of justice leads to that […] the blame is
revert[ed] to the victims, who are stigmatized [and that the] fear that the same will
occur again […] makes psychological reparation very difficult, [if not] impossible.”281
Additionally, it indicates that the victims expressed feelings of rage, fury, anger,
sadness, insecurity, discouragement, vengeance, and impotence, which have also
affected the second generation of surviving victims and next of kin. Additionally, the
lack of justice caused a loss of opportunities for the surviving victims and next of kin,
damaging their life projects. Likewise, it indicates that this situation has caused the
dissociation of some individuals from the legal process due to the fear and retraumatizing caused by speaking about the case.
278
Cf. Table of “checks paid and their status” of November 30, 2001 (file on appendixes to the
answer to the application, appendix 10, fs. 12374 to 12379).
279
Cf. Proof of payments (file of appendixes to the answer to the application, appendix 11, Volume 2,
fs. 12846, 12851, 12860, 12861 and 12881).
280
Cf. Expert opinion of Nieves Gómez Dupuis rendered on June 8, 2009, supra note 266, fs. 618 to
636, and expert opinion of Nieves Gómez Dupuis of August 2005, supra note 148, fs. 2801 to 2824.
281
Cf. Expert opinion of Nieves Gómez Dupuis rendered on June 8, 2009, supra note 266, fs. 633
and expert opinion of Nieves Gómez Dupuis of August 2005, supra note 148, fs. 2811.
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