39
can take the appropriate decisions.116 Said Administrative resolution Nº 01/2007
shall, in no way, turn into an obstacle for the payment of the non-pecuniary
compensation determined by this Tribunal in this Judgment.
Regarding Renato Ticona’s relatives
137. The Court notes that, the relatives in their statements (supra para. 32 and
33) agreed on mentioning that they have been victims of pain, suffering, anguish
and uncertainty due to the disappearance of Renato Ticona. Specially, Betzy Ticona,
in the statement rendered before the Tribunal, expressed that “the fact of being
unable to put a flower in this grave, makes they live […] in a situation of constant
sadness” and Hugo Ticona repeated that same feeling in the affidavit rendered
before the Court. Moreover, it springs from the conclusions of the psychological
expert opinion that the relatives suffered from chronical traumatic stress
syndrome,117 depression,118 and anxiety119 characterized by several symptoms
(supra para. 32(e)). As to the parents, the disorder was greater. The expert opinion
determined that there is causal relationship between the traumatic facts and the
mental aftereffects, and therefore concluded that the aggression suffered and the
disappearance of Renato Ticona was responsible for the mental findings. Besides, it
identified other stressing factors as the non-compliance of the State as a
representative of justice, which hinders the mental recovery of the relatives (supra
para. 32(e)).
138. Based on the foregoing and taking into account that the Court declared the
violations of Articles 5(1), 8(1) and 25(1) of the American Convention to the
detriment of Honoria Estrada de Ticona, César Estrada Olivares, Hugo Ticona, Betzy
Ticona and Rodo Ticona, this Tribunal finds that said persons suffered non-pecuniary
damages, recognized by the State, derived from the lack of justice, unawareness of
the truth of what happened to the victim and uncertainty about the victim’s fate. In
consideration of the above mentioned, the Court shall determine, apart from the
compensations, other suitable measures for reparation (infra para. 142).
139. Therefore, the Court deems pertinent to set, in equity, the amount of
US$52.000 (fifty-two thousand dollars of the United States of America) in favor of
Honoria Estrada de Ticona and US$ 50.000 (fifty thousand dollars of the United
States of America) in favor of César Estrada Olivares In this regard, the Court took
into account, regarding both parents, the values pertaining to the house offered by
the State120 and the piece of property granted by the State in favor of César Ticona
Olivares (supra párr. 131).
116
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations, and costs. Judgment of
January 31, 2006. Series C Nº. 140, para. 251.
117
It was found as expression of re-experimentation: Stimulus with uneasiness that recalls behavior
flash-backs; unpleasant memories that keep coming back and unpleasant and repetitive dreams. It was
determined as expressions of avoidance: Abandonment of life projects; avoid activities that remind what
they live; emotional incapacity; remember things they do not want to remember. As to the expressions of
activation, they were more irritable; have problems to sleep; always alert hipervigilance. It was also found
other symptoms as being afraid of going crazy; life sensations stopped in time and uncertain future;
somatic symptoms. Headaches and backaches; fury; anger and impotence.
118
It was found as symptoms of depression: Loss of interest, mental anguish; anhedonia,
indifference, hopeless, sexual dysfunction, tiredness, suffering, sadness, impotence, somatic symptoms.
Headaches and backaches; fury; anger and painful feelings.
119
It was found as symptoms of anxiety: Gasping for breath; mental anguish; tension; somatic
symptoms: Headaches and backaches; insomnia; depressive condition.
120
According to the State, the value of the house has a referential sum of UFV, supra note 111.