59
burns on all parts of the body and profound wounds in the face), caused him
acute physical and mental suffering; and
b)
the psychological suffering and distress that the next of kin suffered
because the victim was unlawfully detained in front of his wife; the search for
Mr. González López was unsuccessful; the body of the victim showed signs of
abuse; the children have suffered a great deal owing to the loss of their
father; and the continuing impunity in this case. All this, added to the
mother’s move to the United States and, recently, that of one of her
daughters also, led to emotional damage to both his wife and his three
children.
The State’s arguments
172. The State indicated that it considered US$10,000.00 (ten thousand United
States dollars) to be an appropriate amount; to be delivered to the “victim’s legal
heirs.”
The considerations of the Court
173. The general criteria established by this Court for the reparation of nonpecuniary damage (supra 104 and 105) will be applied in the case sub judice. The
non-pecuniary damage inflicted on the victim is evident, since he was unlawfully
detained, tortured and assassinated. The Court considers that no evidence is
required to reach the conclusion that a human being in this situation experiences
intense physical and mental suffering and it recognizes that this suffering extends to
the closest members of his family, particularly those who were in close, affective
contact with the victim.
174. The victim’s wife and children experienced such circumstances; in the
judgment on merits, it was established that the victim was detained and abused in
front of his wife (supra 70); that she carried out an intensive search and then found
the victim’s mutilated body; subsequently and owing to what had happened to her
husband, she was forced to abandon her country, leaving her three minor children in
the care of their grandmother, so that they not only lost their father, but were also
deprived of their mother (supra 87.6.1.b and 65.g), who, during all these years and
at great personal cost, has continued to support her children, even though she has
been unable to see them for a long time.
175. In view of the foregoing, the Court establishes, in fairness, a total amount of
US$40,000.00 (forty thousand United States dollars) for non-pecuniary damage, to
be delivered in equal parts to María Elizabeth Chinchilla, the victim’s wife and to his
children, Karen Paola, Silvia Argentina and Manuel Alberto, all González Chinchilla; in
other words, US$10,000.00 (ten thousand United States dollars) each.
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ERICK LEONARDO CHINCHILLA
The arguments of the next of kin
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