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Arguments of the Commission
156. The Commission indicated that the alleged victim would specify her claims
regarding compensation for non-pecuniary damage.
Arguments of the victim’s representatives
157. The victim’s representatives requested the Court to determine reparation for
the non-pecuniary damage inflicted, bearing in mind the following aspects:
a)
With regard to “non-pecuniary damage,” during her detention, the
alleged victim was subjected to cruel, inhuman and degrading treatment; and
the lives of her next of kin have been affected owing to the violations she
suffered. It is not necessary to prove “non-pecuniary damage” in relation to
the children or the parents of victims; in the case of siblings, the closeness of
the relationship and the affection among them should be taken into account,
so that the victim’s sister, Alcira Isabel De La Cruz Flores, who personally
assumed the responsibility for trying to obtain her release merits special
attention;
b)
Consequently, compensation for “non-pecuniary damage” is justified,
in the amount of US$110,000.00 (one hundred and ten thousand United
States dollars), distributed as follows US$15,000.00 (fifteen thousand United
States dollars) for the victim’s children, Danilo and Ana Teresa Blanco De La
Cruz; US$10,000.00 (ten thousand United States dollars) for the victim’s
mother, Alcira Domitila Flores Rosas widow of De La Cruz and for the victim’s
sister, Alcira Isabel De La Cruz Flores; US$5,000.00 (five thousand United
States dollars) for the siblings Celso Fernando and Jorge Alfonso De La Cruz
Flores; and US$50,000.00 (fifty thousand United States dollars) for the
victim, María Teresa De La Cruz Flores;
c)
Regarding damage to health, due to the deterioration in the victim’s
health as a result of the violations that have been decided, the State must
grant adequate reparation for the damage to her physical and psychological
health that will allow the victim to rehabilitate herself; consequently, it must
provide medical treatment, and also medical and psychological treatment for
the victim’s next of kin; and
d)
Regarding damage to her life plan, the victim’s detention resulted in
the impairment of personal and professional opportunities. The reconstruction
of her life plan is closely tied to her reincorporation into her place of work and
her professional updating. Given that immediately after obtaining her liberty,
the victim will not be able to return to work, she should be granted a paid
leave of absence for one year, and also updating courses in her field of
specialization that will allow her to reincorporate her work in acceptable
competitive conditions.
Arguments of the State
158. The State did not refer to the claims of the Commission and the victim’s
representatives regarding non-pecuniary damage, or any reparations the Court
might order for this concept.
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