37
72.
The Court deems it pertinent to set the amount of compensation for the
respective item, in fairness, at US $40,000.00 (forty thousand United States dollars),
to be distributed in equal parts among Emma Theissen Álvarez Vda. de Molina, Ana
Lucrecia Molina Theissen, María Eugenia Molina Theissen and Emma Guadalupe
Molina Theissen.
73.
Bearing in mind the various aspects of the damages that have been
discussed, insofar as it is pertinent and appropriate given the specificities of the
case, the Court sets the value of compensations for non-pecuniary damages that
must be paid to the victim’s next of kin, in fairness, as shown in the following table:
REPARATIONS FOR NON-PECUNIARY DAMAGES
Victim and next of kin
Non-pecuniary
damages
Marco Antonio Molina
Theissen (victim)
Emma Theissen Álvarez
Vda. de Molina (mother)
Carlos Augusto Molina
Palma (deceased father)
Ana Lucrecia Molina
Theissen (sister)
María Eugenia Molina
Theissen (sister)
Emma Guadalupe Molina
Theissen (sister)
TOTAL
US$100,000.00
US$55,000.00
Expenses for
psychological
treatment (future)
Total
US$100,000.00
US$10,000.00
US$55,000.00
US$65,000.00
US$55,000.00
US$55,000.00
US$10,000.00
US$65,000.00
US$55,000.00
US$10,000.00
US$65,000.00
US$55,000.00
US$10,000.00
US$65,000.00
US$415,000.00
D) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-RECIDIVISM)
Arguments of the Commission
74.
The Commission appreciates the statement in which the State acknowledged
its international responsibility for violation of Articles 1(1), 2, 4(1), 5(2), 5(2), 7, 8,
17, 19, and 25 of the Convention and for not complying with the international
obligation set forth in Articles I and II of the Inter-American convention on Forced
Disappearance (supra para. 13). With respect to measures of satisfaction for
purposes of reparation, in turn, the Commission asked the Court to order the State
to:
a)
conduct a serious and effective investigation on the victim’s
disappearance, as well as to identify and prosecute all those responsible,
whether direct perpetrators or masterminds. The State must complete the
criminal proceeding initiated by the Procurador de los Derechos Humanos on
September 25, 1999 before the Fifth Criminal Trial Court and allow the family
access to the information on the case that is in the hands of the Procuraduría
de los Derechos Humanos, as well as any other, additional information. In
said investigation, the State must abstain from resorting to amnesty, to the
statute of limitations, or to measures designed to eliminate responsibility;
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