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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