41
and Sundays, we had no holidays to seat for a while and not work,"130 and besides, the
difficulties she faced to study since the school she went was two hours of way on foot.131
The victim's mother also explained to the Court that after the death of her son she "felt very
bad, [s]he [f]elt finished, she [h]ad no hungry, she had headaches and she was ill, [s]he
was very exhausted.”132
153. Furthermore, though the Court positively values the delivery of the victim’s mortal
rests to his next of kin and the Community, which made it possible to provide a burial
according to the traditions, usages and customs of Paez People, it takes into account that
the relatives had to wait four years until the State delivered the mortal remains of Mr. Escué
Zapata. This long waiting had moral and spiritual repercussions in the relatives, inasmuch
as according to Nasa culture,
Since the Nasa child is born, the umbilical cord is sowed in the Mother Earth […] in order for the life to
sprout. But when it dies, we also sow it, we do not bury it, and so there is the life. Taking him means
to disrespect the culture, the Mother Earth. Taking off the bosom is cutting the womb of the woman
who created him and saw him grow. It is a huge cultural violation, and it generates the
desarmonization and uncontrol of the territory.133
154. Based on the foregoing, the Court deems it appropriate to set, in equity, the amount
of US$ 50,000.00 (fifty thousand United States dollars) as compensation for the non
pecuniary damages caused to Mr. Germán Escué Zapata as a result of the violations of the
human rights as determined in this Judgment.
155.
As to the next of kin of Mr. Escué Zapata, the Court orders the payment of the
following amounts:
a)
US$ 25,000.00 (twenty-five thousand United States dollars) to the victim’s
daughter, Myriam Zapata Escué, for the suffering caused as a result of the loss of
his father, increased as her suffering was aggravated by her condition of minor;134
b)
Us$ 20,000.00 (twenty thousand United States dollars) to the victim’s
permanent companion, Bertha Escué Coicue, for the suffering caused as a result of
the loss of her life companion.
c)
Us$ 20,000.00 (twenty thousand United States dollars) to Mrs. Etelvina Escué
Zapata and the exact same amount to Mr. Mario Pasu, the victim’s parents, for the
suffering caused as a result of the loss of their son, aggravated by the unsuccessful
proceedings they carried out in the search for justice and,
d)
US$ 5,000.00 (five thousand United States dollars) to each of the victim’s
siblings.
*
*
*
130
Cf. Statement rendered by Myriam Zapata Escué in the public hearing held before the Court on January 29
and 30, 2007.
131
Cf. Statement rendered by Myriam Zapata Escué in the public hearing held before the Court on January 29
and 30, 2007.
132
Cf. Statement rendered by Etelvina Zapata in the public hearing held before the Court on January 29 and
30, 2007.
133
Cf. Statement rendered by Flor Ilva Trochez in the public hearing held before the Court on January 29 and
30, 2007.
134
Cf. Case of La Cantuta v. Peru, supra note 8, para. 219.
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