32
58(2) since the victim’s sisters have incurred documented expenses for
psychological treatment for several years since the forced disappearance of their
brother, this Court deems it appropriate to set the amount for this item at US
$34,000.00 (thirty-four thousand United States dollars), which must be distributed,
in accordance with the request by the representatives, as follows: for Ana Lucrecia
Molina Theissen, US $6,000.00 (six thousand United States dollars), for María
Eugenia Molina Theissen, US $8,000.00 (eight thousand United States dollars), and
for Emma Guadalupe Molina Theissen, US $20,000.00 (twenty thousand United
States dollars).
c)
Damage to family assets
59.
The parents of the victim, Emma Theissen Álvarez Vda. de Molina and Carlos
Augusto Molina Palma, now deceased, undertook to find their son and took various
steps for those responsible for the facts to be investigated, identified, and punished.
As was proven, the victim’s parents gave up their jobs, the mother as a teacher and
the father as a private accountant, and this caused them a number of material losses
(supra paras. 37(3), 37(4) and 37(9)). Likewise, the victim’s sisters, Ana Lucrecia
Molina Theissen and María Eugenia Molina Theissen, had to give up their jobs,
respectively at a school and at the university (supra paras. 37(5), 37(6) and 37(9)).
Furthermore, the forced disappearance of Marco Antonio Molina Theissen and the
murder of Héctor Alvarado Chuga, María Eugenia Molina Theissen’s husband, caused
great fear and anguish among the remaining members of the family regarding their
safety, for which reason they were forced to leave Guatemala into exile, some of
them in Mexico and others in Ecuador, until finally, after several years, they were
able to reunite in Costa Rica (supra para. 37(8)). Exile caused a series of material
losses for the members of the Molina Theissen family (supra paras. 37(8) and
37(9)), such as the purchase of airplane tickets and the costs of establishing
themselves once again. Going into exile also made it difficult for the members of the
Molina Theissen family to get jobs and receive sufficient income to cover their living
expenses.
60.
Base on the above, the Court deems that the members of the Molina Theissen
family lost their customary incomes as a consequence of the facts and, bearing in
mind the specific circumstances of the sub judice case, it sets the compensation, in
fairness, at US $80,000.00 (eighty thousand United States dollars). This amount
must be given, in equal parts, to Emma Theissen Álvarez Vda. de Molina and Carlos
Augusto Molina Palma, deceased, pursuant to the terms of paragraphs 50 and 51 of
the instant Judgment. Regarding this item the Court also orders payment, in
fairness, of US $60,000.00 (sixty thousand United States dollars), which must be
distributed in equal parts among Ana Lucrecia Molina Theissen, María Eugenia Molina
Theissen and Emma Guadalupe Molina Theissen.
61.
Based on all the above, the Court sets the following amounts of compensation
to be paid for pecuniary damages due to the violations found:
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