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suffered by the victim, which has remained in the most complete impunity.
However, they asked that the circumstances of the facts should be considered,
together with the gravity of the violations and the suffering caused to the victim.
Considering this, and also that the next of kin do not know the whereabouts of the
victim’s remains, they requested a total of US$200,000.00 (two hundred thousand
United States dollars).
The Commission’s arguments
155. 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, owing to the following factors:
a)
the damage produced by the physical and mental trauma that the
victim suffered owing to the abduction, beating, cuts and burns that he
presented in different parts of his body, and his subsequent assassination;
and
b)
the psychological suffering and distress suffered by the next of kin,
due to the unsuccessful search for the victim and not knowing who had
perpetrated this harm and why, a situation that continues to this day.
The State’s arguments
156. The State indicated that it considered the amount of US$10,000.00 (ten
thousand United States dollars) to be appropriate; to be delivered to the “victim’s
legal heirs.”
The considerations of the Court
157. This Court has indicated the general criteria that regulate reparation of nonpecuniary damage, which should also be considered in this particular case (supra
104 and 105). The non-pecuniary damage inflicted on the victim is evident, because
it is only human nature that any person subjected to acts of aggression and abuse,
such as those he endured (unlawful detention, torture and death), experiences
profound physical and mental suffering, which extends to the closest members of the
family, particularly those who had a close, affective relationship with the victim. The
Court considers that no evidence is required to reach this conclusion.
158. The victim’s mother experienced the situation mentioned in the previous
paragraph, and the Court must presume that the grave violations committed against
Pablo Corado Barrientos had repercussion on her. This presumption has not been
disproved by the State, so that it is in order to establish compensatory damages for
non-pecuniary damage for his mother and the Court considers that US$20,000.00
(twenty thousand United States dollars) is a fair amount. As it is impossible to grant
the victim himself this compensation, this amount must be delivered to his mother,
Juana Barrientos Valenzuela.
159. With regard to the victim’s siblings, the Court observes that they did not
participate in the search for the victim’s body, or obtaining it, or in his subsequent
burial, according to evidence in the proceeding on merits before this Court. However,
based on the principle of fairness, the Court establishes reparation for non-pecuniary
damage of US$2,000.00 (two thousand United States dollars) for the Corado
Barrientos siblings (supra 110).
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