and also the alterations of a non-pecuniary nature in the living conditions of the victims or
their families.454
309. Considering the circumstances of this case, the violations committed, the different levels
of suffering caused and experienced, the time that has passed, the denial of justice, the
change in the living conditions of some family members, the proven violations of the personal
integrity of the victim’s family members and the other consequences of a non-pecuniary
nature that they have experienced, the Court will now establish compensation for nonpecuniary damage in favor of the victims.
310. First, the Court considers that it is evident that the circumstances surrounding Manuela’s
incarceration, criminal prosecution and lack of medical treatment that led to her death, caused
fear and profound suffering. On this basis, the Court considers that Manuela should be
compensated for non-pecuniary damage and finds that a payment of US$100,000.00 (one
hundred thousand United States dollars) is reasonable. Taking into account the effects that
those facts have had on the life of Manuela’s family members and, especially, her sons, this
sum must be divided as follows: US$30,000.00 (thirty thousand United States dollars) to
Manuela’s elder son; US$30,000.00 (thirty thousand United States dollars) to Manuela’s
younger son; US$20,000.00 (twenty thousand United States dollars) to Manuela’s mother,
and US$20,000.00 (twenty thousand United States dollars) to Manuela’s father.
311. Second, the Court considers that the lives of the members of Manuela’s family were
affected as a result of what happened to the victim and they have experienced great suffering
which has had repercussions on their life projects. Consequently, the Court finds it reasonable
to establish the sum of US$40,000.00 (forty thousand United States dollars) in favor of the
members of Manuela’s family for non-pecuniary damage. This compensation must be
delivered as follows: (i) US$10,000.00 (ten thousand United States dollars) in favor of
Manuela’s mother; (ii) US$10,000.00 (ten thousand United States dollars) in favor of
Manuela’s father, and (iii) US$10,000.00 (ten thousand United States dollars) in favor of each
of Manuela’s sons.
F.
Other measures requested
312. The Commission asked the Court to order El Salvador to: (i) investigate the
administrative, disciplinary or other responsibilities derived from the human rights violations
declared in the Merits Report; (ii) ensure that the concept of in flagrante delicto is applied
pursuant to the standards described in the Merits Report, and (iii) “ensure that under the
regulations and in practice, individuals convicted of a crime can appeal to a higher authority
for a comprehensively review of the guilty verdict.”
313. The representatives asked: (i) that Manuela’s elder son be provided with “specialized
attention and therapy to help him overcome the consequences of the meningitis he suffered,
during which he did not receive medical treatment owing to a lack of resources,” and given
“access to an entrepreneurship program or granted a specific sum of money to establish a
business or seed capital to develop a productive project”; (ii) that Manuela’s younger son be
provided with a laptop computer to be able to apply the knowledge acquired in the technical
field in which he is interested,” “a guaranteed position in one of the Government’s institutions
in accordance with his professional profile of systems engineer and computer technician” or
else “access to an entrepreneurship program or granted a specific sum of money to establish
a business or seed capital to develop a productive project”; and that the State (iii) ensure
Manuela’s parents access to social security, retroactive to 2008, and particularly, that their
retirement pensions and funeral expenses are covered; (iv) ensure the victims have decent
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, para. 84, and Case of Garzón
Guzmán et al. v. Ecuador, supra, para. 132.
454
84