120
255. The Court will now consider those injurious effects of the facts of the case that
are not financial or patrimonial. Non-pecuniary damage can include both the
suffering and affliction caused to the direct victims and their close relations, the
detriment to the individuals’ very significant values, as well as non-pecuniary
alterations to the conditions of existence of the victim or the victim’s family. This
damage can only be compensated by the amount set by the Court reasonably
applying judicial discretion.281
Pleadings of the Commission
256. As regards assessment of non-pecuniary damage, the Commission alleged
that it is obvious, from the facts of the case, that both Myrna Mack Chang and the
members of her immediate family experienced moral suffering as a consequence of
her extra-legal execution, especially the daughter of the victim, who at the time of
the facts was 16 years old. This suffering has also been worsened by the fact that in
the instant case there has been impunity for the accessories of the murder of the
victim. The next of kin of the victim, especially her sister Helen Mack Chang, have
struggled for over twelve years with all the attendant emotional stress involved in
combating impunity, and they have endured threats, intimidations, and harassment
by agents of the State.
257. On the other hand, the Commission deems that fair monetary compensation
should be given to redress the detriment to the life project of Myrna Mack Chang.
Planning and execution of the victim by agents of the State was aimed at the specific
objective of depriving her of her life project, as through her social research she
inconvenienced the upper echelons of the State. Elimination of the life options of the
victim “objectively reduced her freedom and constitutes the loss of a valuable asset,”
and they asked the Court to recognize said detriment as part of the compensation
ordered. This type of grave detriment to the life path of a victim is not part of the
item of pecuniary damage or of moral damage. The Commission shares the opinion
that these damages are difficult to quantify, but it believes that resorting to the
doctrine of the system and to considerations of fairness, there is a solid basis to
estimate a compensation that recognizes the value of a life from a more
comprehensive perspective.
Pleadings of the representatives of the next of kin of the victim
258. The representatives of the next of kin of the victim pointed out that it is
obvious, from the facts stated, that Myrna Mack Chang and her next of kin
experienced moral suffering as a consequence of the extra-legal execution, especially
her daughter, who was 16 year old at the time of the facts. The Mack Chang family
trusts that the Court will set a fair amount to compensate each member of the family
for the rights abridged, and they suggest that in reaching this decision the Court take
into account that this is an especially grievous case, not only because it is a terrible
and deliberate homicide of an outstanding professional, but also because it involves a
thirteen-year struggle by the family to attain a system of impartiality and justice in a
country whose State has caused suffering and frustration to each of the next of kin.
Pleadings of the State
259.
The State did not refer to non-pecuniary damage.
281
Cf. Bulacio Case, supra note 9, para. 90; Juan Humberto Sánchez Case, supra note 9, para. 168;
and El Caracazo Case. Reparations, supra note 277, para. 94.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents