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Non-pecuniary damage
The arguments of the next of kin
139. In their brief of March 23, 1999, and during the public hearing (supra 23 and
41), the victim’s next of kin indicated that they had been affected by the treatment
that he received and by his death. They therefore requested the amount of
Q4,000,000.00 (four million quetzales) as compensation under this heading.
The Commission’s arguments
140. In its initial brief, the Commission requested US$100,000.00 (one hundred
thousand United States dollars) for the non-pecuniary damage suffered by both the
victim and his next of kin. However, in its supplementary brief, the Commission
asked that a fair amount should be established, which took into account the
information presented by the victim’s next of kin and the evidence submitted by the
Commission and that the amount of US$100,000.00 (one hundred thousand United
States dollars) requested “should be considered a minimum”. This request was based
on the following factors:
a)
the damage produced by the physical and mental trauma suffered by
the victim owing to the abduction, signs of beating, cuts and burns that were
present on different parts of his body, including the face, and his subsequent
assassination; and
b)
the psychological suffering and distress that his next of kin
experienced owing, on the one hand, to the unsuccessful search for the
victim, the abandonment of his body on a path and the subsequent
identification, at which time they could observe the severe injuries suffered by
the victim and, on the other, to the impunity that followed the events.
The State’s arguments
141. The State indicated that, under this heading, it considered the amount of
US$10,000.00 (ten thousand United States dollars) to be appropriate; to be given to
the “victim’s legal heirs.”
The considerations of the Court
142. This Court has already indicated the general criteria that regulate reparation
for non-pecuniary damage (supra 104 and 105), and these must taken into
consideration also in the case of William Otilio González Rivera. Since he was
subjected to aggression and abuse (unlawful detention, torture and death), it is
natural that he experienced profound physical and mental suffering, which extends
to the closest members of his family, particularly those who had a close affective
relationship with the victim. The Court considers that no evidence is required to
reach this conclusion
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