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but now she receives a monthly income of approximately US$193.00. Regarding María Patricia
Romero Hernández, the representatives indicated that, at the time of the events, she received
approximately US$96.00 a month working in the family butcher’s shop and a taco kiosk. As a
result of her imprisonment, she was unable to work from May 2006 until August 2008.
373. In light of the circumstances of this case and the specific consequences that the facts of the
case had on the earnings of Yolanda Muñoz Diosdada and María Patricia Romero Hernández, the
Court considers it reasonable to order the State to pay compensation for loss of earnings in favor
of these two victims. Taking into account that the information provided by the representatives
does not allow the Court to establish with certainty the amount of the loss of earnings suffered,
the Court establishes the sums of US$10,000.00 (ten thousand United States dollars) in favor of
Yolanda Muñoz Diosdada and US$2,000.00 (two thousand United States dollars) in favor of María
Patricia Romero Hernández. Both sums must be paid by the State directly to these two victims.
F.2 Non-pecuniary damage
374. The representatives asserted that, as a result of the sexual torture perpetrated by State
agents, the victims experienced physical and psychological suffering and problems with regard to
their families, their affective relationships, and their reputation, among other matters.
Consequently, the representatives asked the Court to determine, in equity, the amount that the
State should pay for non-pecuniary damage. They asked that this reparation be extended also to
the next of kin of the victims who had also experienced severe suffering, as well as changes in
the family dynamics, as a result of the human rights violations. They reiterated that this measure
should not be granted in favor of either Georgina Edith Rosales or her family members, as they
did not wish to receive financial reparations.
375. The Court has established in its case law that non-pecuniary damage may include both the
suffering and affliction caused by the violation and also the impairment of values that are of great
significance for the individual, as well as any changes of a non-pecuniary nature in the living
conditions of the victims. In addition, since it is not possible to allocate a precise monetary
equivalent to non-pecuniary damage, it can only be compensated, for the purposes of
comprehensive reparation to the victim, by the payment of a sum of money or the delivery of
goods or services with a monetary value that the Court determines in reasonable application of
sound judicial criteria and based on equity.468
376. The Court recalls that, in this case, it has determined that the State committed serious
violations of the personal integrity, privacy and personal liberty of the eleven women, and of their
next of kin. Considering the circumstances of the case, all the violations committed, the denial of
justice, the suffering caused and experienced, the impact on the lives of the eleven women and
their families, as well as the other consequences of a non-pecuniary nature they suffered, the
Court deems it pertinent to establish, in equity, for non-pecuniary damage, the sums of:
US$70,000.00 (seventy thousand United States dollars) for each of the ten women victims in this
case who have requested financial compensation, namely, Yolanda Muñoz Diosdada, Norma Aidé
Jiménez Osorio, María Patricia Romero Hernández, Mariana Selvas Gómez, Ana María Velasco
Rodríguez, Suhelen Gabriela Cuevas Jaramillo, Bárbara Italia Méndez Moreno, María Cristina
Sánchez Hernández, Angélica Patricia Torres Linares and Claudia Hernández Martínez;
US$15,000.00 (fifteen thousand United States dollars) for each mother, father, daughter and son,
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of May 26,
2001. Series C No. 77, para. 84, and Case of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment of
September 26, 2018. Series C No. 362, para. 372.
468
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