13 corresponding to the violation of Articles 5 and 8(1) of the American Convention in relation to Article 1(1) of the Convention to the detriment of the injured party. 48. The Court has taken into consideration that the injured party made several trips, principally to Guatemala City, for the purpose of ascertaining the whereabouts of Mr. Nicholas Blake from the time of his disappearance until the discovery of his mortal remains, due to the cover up of what occurred and the Guatemalan authorities’ failure to investigate the facts, and that this situation gave rise to expenses in the form of airline tickets, lodging, meals, payments for telephone calls, etc. 49. The Court further considers that these expenses are of an extrajudicial nature, since, as has been proved, the family of Nicholas Blake did not resort to the domestic tribunals. For that reason, the Court holds that it is appropriate to order the State to pay the reasonable expenses incurred by the injured party from March 9, 1987 (the date of Guatemala’s acceptance of the contentious jurisdiction of the Court), which are equitably estimated to be the amount of US$16,000 (sixteen thousand dollars of the United States of America), taking into account for this purpose that the judgment on the merits referred solely to the violation of Articles 5 and 8 of the American Convention. 50. As to the request that the Court order Guatemala to pay the amount of US$138,470.00 (one hundred thirty-eight thousand, four hundred seventy dollars of the United States of America) for the medical treatment received and to be received by Samuel Blake, the Court holds that it has been proved that his ailments occurred due to the situation of the disappearance of his brother, the uncertainty as to his brother’s whereabouts, the suffering on learning of his brother’s death, and his frustration and impotence in the face of the lack of results of the factual investigations by the Guatemalan public authorities and their later cover up. For those reasons, this Tribunal determines that it is appropriate to grant to Samuel Blake, in equity, the amount of US$15,000 (fifteen thousand dollars of the United States of America) in his capacity as one of the injured parties. B) MORAL DAMAGES 51. The injured party referred to the “emotional injury” they incurred due to the disappearance and the death of Mr. Nicholas Blake and the cover up of those facts. They added that Richard and Samuel Blake dedicated part of their lives to the search for their brother. They requested, for moral damages to the family, the total sum of US$500,000.00 (five hundred thousand dollars of the United States of America). 52. The Commission stated that, as to moral damages, the suffering of the injured party derived, inter alia, from the circumstances of the forced disappearance of Mr. Nicholas Blake; the incineration of his mortal remains in order to destroy all traces that could reveal his whereabouts, and the Guatemalan authorities’ failure to assist from March 1985 to the present. 53. The State alleges that the amount claimed bears no equitable relationship to the prevailing conditions in Guatemala and to the context in which the event occurred. 54. The Court is of the opinion that while its jurisprudence may establish precedents in this regard, it cannot be invoked as an absolute criterion, as each case

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