49 108,000.00 (one hundred eight thousand United States dollars) and (b) for each of the 29 injured persons whose right to personal integrity for the injuries suffered has been declared violated and who are named in Annex B(3) of this judgment, USD 7,000.00 (seven thousand United States dollars). The amounts ordered on behalf of the persons, who were deceased at the time of the delivery of this judgement, must be paid to their next of kin, within the period established in paragraph 196 of this judgment, according to the following criteria: (a) fifty percent (50%) of the compensation for each victim to be divided, in equal parts, among his or her children. If one or more of the children has already died, that part is to be added to that of the other children of the victim; (b) the other fifty percent (50%) of the compensation to be paid to the spouse or permanent companion of the victim at the time of the victim’s death, as pertinent; (c) if the victim had neither children, nor spouse, nor permanent companion, what would have been due to the next of kin in that category shall be added to the part corresponding to the other category; (d) if the victim had neither children, nor spouse, nor permanent companion, the compensation for pecuniary damages shall be given to his parents or, if none, to his siblings in equal parts, and (e) if the victim had neither children, nor spouse, nor permanent companion, nor parents or siblings, the compensation shall be paid to the heirs in accordance with the domestic law. E.2. Non-pecuniary damages 187. The representative requested that the Court grant a compensation for pain and suffering of GTQ 500,000.00, the equivalent of USD 66,894.64, for each person, without distinguishing between the deceased and injured victims and without explaining the reasons for the amount requested. 188. The State argued that if it were found internationally responsible, the Court must take into account the elements based on the evidence presented during the international process to determine whether it is appropriate to pay for pain and suffering on behalf of the victims in this case. 189. The Court has established that non-pecuniary damages may include the suffering and distress caused by the violation as well as the impairment of values that are highly significant to the victims, as well as non-monetary alterations in their living conditions.234 Since it is not possible to assign a precise monetary equivalent to non-pecuniary damages, the victims, to be integrally repaired, can only be compensated by a monetary payment or by the assignment of goods or services that can be assessed monetarily, as prudently determined by the Court, applying judicial discretion and the principle of equity. 235 190. The Court notes that the representative offered no arguments nor evidence on which to base the amounts. Nevertheless, in view of the criteria established in its case law, the circumstances of this case, the nature and seriousness of the violations, as well as the suffering caused to the victims,236 the Court considers it pertinent to set, in equity: Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs, supra, para. 84 and Case of Amrhein et al. v. Costa Rica, supra, para. 482. 235 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs, supra, para. 84 and Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 424. 236 Cf. Similarly, Case of Ticona Estrada et al. v. Bolivia, supra, para. 109 and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 228. 234

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