111
Court deems it appropriate to order the payment of compensation, in equity, for non
pecuniary damage.194
269. In order to fix the amount of compensation for non pecuniary damage in the
instant case, it should be taken into consideration that, pursuant to the
acknowledgement of the facts prior to September 2000 made by the State, it was
proven that Wilson García-Asto and Urcesino Ramírez-Rojas were subjected to a
special detention regime during their first year in prison, they remained in custody for
a long time, they had been arrested without an arrest warrant or without being in
flagrante delicto, they had to endure harsh detention conditions, and they did not have
a due process of law. The Court considers that it can be presumed that such violations
cause moral damage to those who suffer them.195
270. In view of the foregoing, the Court deems it appropriate to fix, in equity, the
amount of US $ 40,000.00 (forty thousand United States dollars) as compensation for
the non pecuniary damage caused, to be paid to each of the victims, i.e. Wilson
García-Asto and Urcesino Ramírez-Rojas.
271. Furthermore, the Court deems it appropriate to fix, in equity, an additional sum
to be paid to Urcesino Ramírez-Rojas as non pecuniary damage, amounting to US $
10,000.00 (ten thousand United States dollars,) taking into consideration the detention
conditions he had to endure and the fourteen years during which he was arbitrarily
deprived of his liberty.
272. As regards Wilson García-Asto’s next of kin, the detention and trial against him
caused his parents, Napoleón García-Tuesta and Celia Asto-Urbano, and his siblings
Elisa and Gustavo, great suffering, distress, and pain; causing a serious alteration of
their living conditions to their detriment (supra paras. 97(62) and 97(63)). Particularly,
Wilson García-Asto’s mother and sister were actively involved in the efforts to get him
out of jail (supra para. 97(62)).
273. Based on the foregoing, the Court considers that Wilson García-Asto’s next of
kin must receive compensation. Therefore, the Court fixes, in equity, the amount of US
$ 25,000.00 (twenty-five thousand United States dollars) to be paid to Celia AstoUrbano; the amount of US $ 25,000.00 (twenty-five thousand United States dollars) to
be paid to Napoleón García-Tuesta; the amount of US $ 15,000.00 (fifteen thousand
United States dollars) to be paid to Elisa García-Asto; and the amount of US $
15,000.00 (fifteen thousand United States dollars) to be paid to Gustavo García-Asto.
274. As regards Urcesino Ramírez-Rojas’ next of kin, his detention and trial caused
suffering, distress, and pain to his mother María Alejandra Rojas (deceased), as well as
to his siblings: Santa, Pedro, Filomena, Julio, Obdulia, Marcelino, and Adela Ramírez194
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 285; Case of Raxcacó-Reyes, supra note
10, para. 131; and Case of Gutiérrez-Soler, supra note 6, para. 83.
195
Cf. Case of De La Cruz-Flores, supra note 4, para. 160; Case of Tibi, supra note 142, para. 244;
Case of the “Juvenile Reeducation Institute,” supra note 144, para. 300; and Case of the Gómez-Paquiyauri
Brothers, supra note 142, para. 217.
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