68
Considerations of the Court
159. International case law has established repeatedly that the judgment
constitutes, per se, a form of reparation. However, owing to the circumstances of the
instant case, the sufferings that the facts caused to the victim and her next of kin,
the change in the living conditions of her next of kin and the other consequences of a
non-pecuniary nature that they suffered, the Court considers that, in fairness,
payment of compensation is pertinent for non-pecuniary damage.126
160. When establishing compensation for non-pecuniary damage in the instant
case, it must be taken into account that María Teresa De La Cruz Flores was
subjected to cruel, inhuman and degrading treatment during her detention (supra
para. 73(55)), she was deprived of her personal liberty for a long period, she
suffered by being subjected to an improper proceeding, and she was unable to
exercise her profession, even inside the prison, which affected her self-esteem
significantly. This Court considers that it can be presumed that violations of this
nature produce non-pecuniary damage in the individual who suffers them.127
161. In view of the above, the Court considers it pertinent to establish, in fairness,
the sum of US$80,000.00 (eighty thousand United States dollars) as compensation
for non-pecuniary damage in favor of Mrs. De La Cruz Flores.
162. In relation to the other victims, the detention and trial of Mrs. De La Cruz
Flores caused suffering, anxiety and pain to her mother, Alcira Domitila Flores widow
of De La Cruz; her children, Danilo and Ana Teresa Blanco De La Cruz; and her
siblings, Alcira Isabel, Jorge Alfonso and Celso Fernando De La Cruz Flores, which
has severely affected their living conditions and impaired their way of life (supra
para. 73(57)). In particular, María Teresa De la Cruz Flores’ mother and sister were
very involved in efforts to secure her release (supra para. 73(57(b)); and her
children were deprived of the opportunity of growing up under the direction and care
of their mother (supra para. 73(57(a) and (f)).
163. Based on the above, this Court considers that the next of kin of Mrs. De La
Cruz Flores must be compensated. Accordingly, it establishes the sum of
US$40,000.00 (forty thousand United States dollars) in favor of Alcira Domitila Flores
widow of De La Cruz; US$30,000.00 (thirty thousand United States dollars) in favor
of Alcira Isabel De La Cruz Flores; US$15,000.00 (fifteen thousand United States
dollars) in favor of Jorge Alfonso De La Cruz Flores; US$ 15,000.00 (fifteen thousand
United States dollars) in favor of Celso Fernando De La Cruz Flores; US$30,000.00
(thirty thousand United States dollars) in favor of the minor, Danilo Blanco De La
Cruz; and US$30,000.00 (thirty thousand United States dollars) in favor of Ana
Teresa Blanco De La Cruz.
D) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION)
126
Cf. Case of Tibi, supra note 1, para. 243; Case of the “Juvenile Reeducation Institute” , supra
note 1, para. 299; and Case of Ricardo Canese, supra note 1, para. 205.
127
Cf. Case of Tibi, supra note 1, para. 244; Case of the “Juvenile Reeducation Institute” , supra
note 1, para. 300; and Case of the Gómez Paquiyauri brothers, supra note 1, para. 217.
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