37
131. Moreover, the Court notes that the State as well as the representative has
referred to the piece of property delivered to Ticona Estrada’s family,110 which is
located in the residential area of Río Seco, La Libertad, Parcel No. 207, block D19,
with a surface of 240 mts., and awarded in César Ticona Estrada's name. Said piece
of property, according to the representative, has an approximate commercial value
of US$ 1.500.00 (one thousand five hundred dollars of the United States of America)
to US$2.000.00 (two thousand dollars of the United States of America) Pursuant to
the State, said piece of property has an approximate commercial value of US$
2.400.00 (two thousand four hundred dollars of the United States). The State
requested the Court to take such piece of property as part of the reparations. In such
regard, the representative, during the public hearing held on August 13, 2008 as well
as in the closing arguments, and also Hugo Ticona, in the statement rendered in said
public hearing, mentioned that should the Court consider the adjudication of the
property as part of the reparations granted by the State to Ticona Estrada's family,
the amount equal to the value of the property will be deducted from the total
amount determined by the Court. Based on the foregoing, the Tribunal observes
that there is no controversy between the parties as to the fact that the piece of
property forms part of the reparation ordered in this Judgment. As a consequence,
the Court considers that the value of said parcel shall be taken into account as part
of the compensation for non-pecuniary damage in favor of César Ticona Estrada.
132. Furthermore, the State expressed it desire to build a house for Renato
Ticona's parents. In this sense, it informed that the Ministry of Public Works, Utilities
and Housing certified that it will compensate such persons with a house in the
Department of Cruz or in the city of El Alto de la Paz.110 The Commission and the
representative made no statement regarding this issue. In consideration of the
arguments of the State, the Court deems that the State must built an adequate
house,111 and therefore, it shall assume all the expenses related to such
construction, which must be planned in common agreement with the victim's
parents. In view of the above, this Tribunal notes that the value of said property
shall be taken into account as part of the compensation for non-pecuniary damage in
favor of Honoria Estrada de Ticona and César Ticona Estrada. Besides, the State
shall adopt the necessary measures to initiate the construction, within one year, as
of notice of this Judgment.
Regarding Renato Ticona
133. As the Court has held in similar cases,112 the non-pecuniary damage sustained
by Mr. Ticona Estrada is evident, since it is human nature that a person subjected to
forced disappearance suffers from deep pain, anguish, terror, impotence and
insecurity. As a result, this damage need not be proven.
110
According to the State, on April 3, 1984 Supreme Decree N. 20127, through which the municipal
order N.42/84 of March 19, 1984 issued by the Mayor of Ciudad de La Paz, was ratified. Said order
especified the giving of lots of land in the region of Rio Seco, of Ciudad del Alto, to the next of kin of the
deceased and dissapeared persons in the period of the dictatorship.
111
Cf. Official letter MOPSV-VMVU-PVS Nº 192-2008 of August 12, 2008 of the general coordinator,
of the Vice-Minister of Housing and Town Planning, Ministry of Public Works, Utilities and Housing. The
value of the property has a referential sum of UFV (Bolivian unit of measurement of market value) 33,251
to UFV 53.190 (appendices to the final written arguments of the State, Appendix 11, p. 5).
111
Cf. U.N. Doc. E/1991/23. International Covenant on Economic, Social and Cultural Rights.
General Observation 4, the right to an adequate house, paragraph 1 of Article 11 of the Covenant, Sixth
period of sessions, 1991.
112
Cf. Case of Castillo Páez v. Perú. Reparations and Costs. Judgment of November 27, 1998. Series
C No. 43, para. 86; Case of Heliodoro Portugal v. Panamá, supra note 13, para. 238; and Case of Bayarri
v. Argentina, supra note 16, para. 169.