36
138. It is obvious to the Court that the victim suffered moral damages, for it is
characteristic of human nature that anyone subjected to the kind of aggression and
abuse proven in the instant Case will experience moral suffering. No evidence is
required to arrive at this finding.
139. Taking into account the particular circumstances of the case, the Court
considers the sum of US$50,000.00 (fifty thousand United States dollars) to be fair
compensation for the victim for the moral damages she suffered.
140. It has been shown that the victim’s children were approximately 12 and 16
years old when she was detained. Since at the time, the victim was supporting them
and paying for their health care and education, the children were dependent upon
their mother.
The Court has also established that grievous violations were
committed against the victim and must presume that they had an impact on her
children, who were kept apart from her and were aware of and shared her suffering.
Since, in the Court’s opinion, the State has not disproved these presumptions,
Gisselle Elena and Paul Abelardo Zambrano-Loayza are entitled to receive the “fair
compensation” referred to in operative paragraph six of the Judgment on the merits.
141. Accordingly, it is fair to award each of the victim’s children the sum of
US$10,000.00 (ten thousand United States dollars) in moral damages.
142. The Court can reasonably presume that Mr. Julio Loayza-Sudario and Ms.
Adelina Tamayo-Trujillo de Loayza suffered moral damages because of what
happened to the victim, as it is human nature that any individual should experience
pain at his or her child’s torment. The State did not disprove this presumption. The
Court considers, therefore, that each of the victim’s parent is entitled to the sum of
US$10,000.00 (ten thousand United States dollars) as fair compensation for moral
damages.
143. The same considerations apply to the victim’s siblings, who as members of a
close family could not have been indifferent to Ms. Loayza-Tamayo’s terrible
suffering, a presumption not disproved by the State. It is proper, therefore, to name
the victim’s siblings as beneficiaries of the fair compensation referred to in operative
paragraph six of the Judgment on the merits. The Court considers that fair
compensation for moral damages would be US$3,000.00 (three thousand United
States dollars) for each sibling.
XII
LIFE PLAN
144. The victim petitioned the Court for a ruling on the compensation, which might
be due to her in the form of damage to her "life plan" and enumerated a number of
factors that, in her judgment, should be taken into account to establish the scope of
this head of damages and measure its consequences.
145. The State alleged that the request for compensation for damages to a life
plan was inadmissible and noted that compensation of that nature was implicit in the
other categories for which damages were sought, such as the "indirect or
consequential damages" and "lost earnings". It pointed out that the victim had
already been re-instated as a history and geography teacher at the Rímac National
womens’ High School (supra 106.A.l) and that she was free to apply to have her
place in the Law School saved; it maintained that reinstatement at the San Martín de
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