arbitrary detention and extrajudicial execution of Eduardo Landaeta, and the nonpecuniary damage to the detriment of the next of kin. Consequently, they asked the
Court to order the State to pay the sum of US$100,000 (one hundred thousand United
States dollars), to be distributed in equal parts to the parents and permanent
companion. In the case of Eduardo Landaeta, the representatives argued that, while he
was in the custody of the State authorities, he was subjected to a prolonged detention of
a day and a half during which he was made to feel very afraid; moreover, they
emphasized that he had suffered other injuries caused during the detention. They
therefore requested the sum of US$100,000 (one hundred thousand United States
dollars) as reparation for the non-pecuniary damage caused, to be distributed between
his father and mother. Lastly, with regard to the non-pecuniary damage suffered by the
family members, the representatives indicated that, owing to the extrajudicial
executions, as well as the different threats, harassment and persecution suffered by
several members of the family and the absence of justice in the judicial proceedings, the
family had endured severe anguish and suffering. They therefore asked the Court to
establish compensation, in equity and pursuant to its case law, of US$50,000,00 (fifty
thousand United States dollars) for María Magdalena Mejías, Ignacio Landaeta, Francy
Parra and Johanyelis Landaeta Parra. In addition, they requested compensation of
US$25,000,00 (twenty-five thousand United States dollars) for Victoria Eneri and Leydis
Rossimar Landaeta Galindo.
325. The Court, based on its consistent case law, 413 and taking into account the
circumstances of this case, the violations committed against each of the victims, the
suffering caused, the time that has passed, the specific denial of justice in this case, the
alterations in daily life, the proved harm to their personal integrity, as well as all the
other consequences of a non-pecuniary nature they suffered, establishes in equity the
following amounts in favor of the victims as compensation for non-pecuniary damage.
Name
Igmar Alexander Landaeta Mejías
Eduardo José Landaeta Mejías
María Magdalena Mejías Camero
Ignacio Landaeta Muñoz
Francy Yellut Parra Guzmán
Johanyelis Alejandra Landaeta Parra
Victoria Eneri Landaeta Galindo
Leydis Rosimar Landaeta Galindo
Amount
$60,000
$60,000
$35,000
$35,000
$30,000
$20,000
$15,000
$15,000
326. The compensation established in this chapter in favor of Igmar Landaeta shall be
shared in equal parts between Ignacio Landaeta Muñoz, María Magdalena Mejías
Camero, Francy Yellut Parra Guzmán and Johanyelis Alejandra Landaeta Parra. And, the
compensation established in this chapter in favor of Eduardo Landaeta shall be shared in
equal parts between Ignacio Landaeta Muñoz and María Magdalena Mejías Camero.
E.
Costs and expenses
327. The representatives indicated that the family of the Landaeta Mejías brothers has
not kept receipts for the expenses incurred and therefore asked the Court to establish
this amount in equity. In addition, the representatives indicated that the Justice and
Peace Human Rights Committee of the state of Aragua had supported the Landaeta
Mejías family over the last ten years in their search to obtain justice; however, since
they did not have receipts for the expenses incurred, they asked the Court to establish,
in equity, the sum of US$6,000 (six thousand United States dollars). They also indicated
413
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 19, 1996. Series
C No. 29, para. 56, and Case of Veliz Franco et al., supra, para. 300.
90