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201. Taking into account the different aspects of the damage argued by the
Commission and the representatives, the Court sets in equity the value of the
compensations for non-pecuniary damages, pursuant to the following parameters:
a)
to determine the compensation for the non-pecuniary damage suffered
by Mr. Alfredo López Álvarez, the Court has present, inter alia, that: i) he was
subject to cruel, inhuman, or degrading treatments; ii) during his detention and
while he remained at the Office of Criminal Investigation he was subject to
physical and mental mistreatment so that he would incriminate himself, he did
not receive medical attention, and he was object of a physical inspection by
another detainee (supra paras. 54(12) and 54(14)); iii) during his detention in
the Criminal Center of Tela and in the National Penitentiary of Támara he was
subject to infrahuman, unhealthy, and overcrowded conditions of imprisonment,
without a bed to rest on, he did not receive an adequate diet, nor did he have
the essential hygienic conditions (supra para. 54(48)); and in the Criminal
Center of Tela he was prohibited from speaking in his native language, Garifuna
(supra para. 54(49)); iv) he was imprisoned with persons that had already been
convicted, despite the fact that he was still being processed (supra para.
54(47)), and v) he was illegally and arbitrarily imprisoned for more than six
years in those conditions and kept away from his family, all of which affected
his personal dignity and integrity. Therefore, this Tribunal considers that an
amount must be set in equity for the reparation of the non-pecuniary damage;
b)
in the determination of the compensation for non-pecuniary damage that
corresponds to Mrs. Teresa Reyes Reyes, it is necessary to consider that she
had to assume the care of her children without the support of the victim, that at
the time of Mr. Alfredo López Álvarez’s arrest she was pregnant, and that she
experimented anguish and pain for the inhuman and unhealthy conditions to
which Mr. López Álvarez was subject in the penitentiary centers were he was
imprisoned, and which she suffered when she visited the victim (supra para.
54(53));
c)
in what refers to Mr. Alfredo López Álvarez’s children, that is: Alfa
Barauda López Reyes, Suamein Alfred López Reyes, Gustavo Narciso López
Reyes, Alfred Omaly López Suazo, Deikel Yanell López Suazo, Iris Tatiana López
Bermúdez, José Álvarez Martínez, and Joseph López Harolstohn, and the
children of Teresa Reyes Reyes, José Jaime Reyes Reyes and María Marcelina
Reyes Reyes, who are considered children of Mr. López Álvarez, this Court
considers that their father’s situation caused them suffering and insecurity; for
the more than six years that the victim remained detained they did not have a
father figure by their side (supra para. 54(53)). This was worse in the case of
the children Alfa Barauda, Suamein Alfred, and Gustavo Narciso López Reyes,
who were born when their father was incarcerated. Therefore, an amount must
be set in equity for the reparation of the non-pecuniary damage;
d)
regarding the parents of the victim, Messrs. Apolonia Álvarez Aranda and
Catarino López, in this case, due to the conditions of imprisonment and the
penalties imposed on the detainee in the criminal centers of Tela and Támara
(supra para. 54(53)), it is considered that they should be compensated for nonpecuniary damages, and
e)
finally, in what refers to the victim’s siblings the Tribunal considers that
Mrs. Alba Luz García Álvarez, Rina Maribel García Álvarez, Marcia Migdali García
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