40
91.
In order to establish the compensation for non-pecuniary damage, the Court
also considered:
a)
with regard to Henry Giovanni Contreras, Julio Roberto Caal Sandoval,
Federico Clemente Figueroa Túnchez and Jovito Josué Juárez Cifuentes, that
they were forcibly retained in secret, isolated from the external world and
subjected to extremely violent treatment, including severe abuse and physical
and psychological torture before being assassinated83; and
b)
with regard to Anstraum Aman Villagrán Morales, Julio Roberto Caal
Sandoval and Jovito Josué Suárez Cifuentes, that they were minors (supra
para. 69.1.a, 69.3.a and 69.5.a) and, consequently, there were particularly
vulnerable and should have been the object of special protection by the
State84.
92.
With regard to the immediate families of the five youths, the Court has taken
into consideration that:
a)
the mothers of Anstraun Aman Villagrán
Contreras, Federico Clemente Figueroa Túnchez
Cifuentes and the grandmother of Julio Roberto
should receive the compensation for non-pecuniary
the youths;
Morales, Henry Giovanni
and Jovito Josué Juárez
Caal Sandoval, as heirs,
damage caused to each of
b)
the mothers of the five youths and the grandmother of Julio Roberto
Caal Sandoval suffered two types of non-pecuniary damage: first, because
they were affected by the disappearance, torture and death of their sons and
grandson, and second, because they themselves were the object of the
violation of Articles 5(2), 8(1) and 25 of the Convention, as established in the
judgment on merits in this case. The compensation for such damage should
be paid directly to each of them, with the exception of the amount owed to
Rosa Carlota Sandoval and, since she has died, this should be given to her
mother, Margarita Urbina; and
c)
the siblings of Anstraun Aman Villagrán Morales, Henry Giovanni
Contreras and Federico Clemente Figueroa Túnchez suffered non-pecuniary
damage because they were affected by the disappearance, torture and death
of the latter, and because they were the object of the violation of Articles 8(1)
and 25 of the Convention, according to the findings of the judgment on
merits. It was not proved that Julio Roberto Caal Sandoval and Jovito Josué
Juárez Cifuentes had siblings. The compensation for this damage must be
paid to the siblings of the victims as indicated in the table that appears below.
93.
In accordance with the foregoing, the Court establishes the following amounts
as compensation for the non-pecuniary damage suffered by the five youths who are
the subject of this case, their mothers and grandmother and their siblings who are
listed in this table:
83
84
cf. Villagrán Morales et al. case (The “Street Children” case), supra note 82, paras. 157 to 163.
cf. Villagrán Morales et al. case (The “Street Children” case), supra note 82, paras. 195 to 197.
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