equity, the amount of USD $57,000.00 (fifty-seven thousand United States dollars) under the
concept of lost income in favor of César Gustavo Garzón Guzmán. This amount is to be
delivered to his mother, Clorinda Guzmán de Garzón.
F.2 Non-pecuniary damages
132. The Court has established that non-pecurniary damages can include the suffering and
the afflictions caused to the direct victim and to his family and also the impairment of values
of great significance to the individual, as well as the alterations of a non-pecuniary nature to
the living conditions of the victim or his family.108
133. Considering the circumstances of the present case, the violations committed, the
suffering caused and endured in different degrees, the time elapsed, the denial of justice, the
proved harm to the personal integrity of the family members and the other consequences of
a non-pecuniary nature that they suffered, the Court now sets, in equity, the compensation
for non-pecuniary damages in favor of the victims.
134. In the first place, the Court considers that the circumstances that surround the
disappearance of Mr. Garzón Guzmán were of such a nature that they caused profound fear
and suffering. In previous cases,109 the Court estimated that similar circumstances had caused
the victim a grave moral prejudice that should be valued in all of its dimensions at the moment
of setting compensation for this concept. In light of this criterion, the Court considers that Mr.
Garzón Guzmán should be compensated under the concept of non-pecuniary damages and
orders, in equity, the payment of USD $80,000.00 (eighty thousand United States dollars).
This amount should be delivered to his mother, Clorinda Guzmán de Garzón.
135. In second place, the Court considers that Clorinda Guzmán de Garzón endured serious
suffering due to the disappearance of her son and for the acts of revictimization when she
was searching for him. In view of the above, the Court sets, in equity, the amount of USD
$40,000.00 (forty thousand United States dollars) as non-pecuniary damages, which should
be paid in her favor.
136. The Court also finds that Julio Garzón, Luis Alberto Garzón Guzmán, Rodrigo Garzón
Guzmán, Luis Lascano and Ana Julia Lascano endured great suffering that had a repercussion
in their life projects. Therefore, the Court sets, in equity, as non-pecuniary damages, the
amount of USD $20,000.00 (twenty thousand United States dollars) each for Luis Alberto
Garzón Guzmán, Rodrigo Garzón Guzmán, Luis Lascano and Ana Julia Lascano. The
corresponding amount for Julio Garzón, father of César Gustavo Garzón Guzmán, should be
distributed in the following manner:
https://datos.bancomundial.org/indicador/SP.DYN.LE00.IN?end=1990&locations=EC&most_recent_year_desc=fals
e&start=1960&view=chart
Cf. Case of the “Street Children ” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84 and Case of Azul Rojas Marín et al. v. Peru. Preliminary Objections, Merits,
Reparations and Costs, supra, para. 261.
108
Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 46 and 47 and Case of
Vásquez Durand et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs, supra, para. 233.
109
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