119
b)
Consequential damages
253. Taking into account the claims of the parties, the body of evidence, the
proven facts in the instant case and its own case law, the Court finds that
compensation for material damage in the instant case must also include the
following:
1)
with respect to Helen Mack Chang, sister of the victim, it has been
proven that as a consequence of the extra-legal death of her sister, she undertook
the task of searching for justice, for over thirteen years, through her active
participation in the criminal proceeding to investigate the facts and to identify and
punish all those responsible. Helen Mack Chang gave up her work as a consequence
of the facts discussed in the instant case, established the Myrna Mack Foundation,
and has spent much of her time struggling against impunity. The Court deems that
Helen Mack Chang stopped receiving her customary income as a consequence of the
facts and bearing in mind the specific circumstances of the sub judice case, in
fairness, it sets the amount of compensation at US$25,000.00 (twenty-five thousand
United States dollars);
2)
as regards the father and the daughter of the victim, it has been
proven that due to the extra-legal death of Myrna Mack Chang and of the
consequences stemming from this fact, they suffered various physical and
psychological illnesses, for which they had to receive medical treatment. Therefore,
the Court deems it pertinent to set US$3,000.00 (three thousand United States
dollars) as compensation for medical expenses incurred by Yam Mack Choy and
US$3,000.00 (three thousand United States dollars) for Lucrecia Hernández Mack, for
this same item. Since Yam Mack Choy passed away on April 24, 1999, compensation
in his favor must be paid in full to Zoila Chang Lau; and
254. Based on all the above, the Court sets as compensation for material damage
due to the violations found, the following amounts:
REPARATIONS FOR PECUNIARY DAMAGE
Lost
Consequen
Medical
earnings
tial
expenses
damages
incurred
Myrna Mack Chang US$235,000.
00
Lucrecia
US$3,000.00
Hernández Mack
(daughter)
Yam Mack Choy
US$3,000.00
(the father)
Helen Mack Chang
US$25,000.
(sister)
00
TOTAL
US$266,000.00
B) NON-PECUNIARY DAMAGE
Total
US$235,000
.00
US$3,000.0
0
US$3,000.0
0
US$25,000.
00
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