75 192. It is well settled in international jurisprudence that a judgment constitutes, per se, a form of reparation. However, considering the aggravated circumstances of the present case and its many non-pecuniary consequences, the Court deems it appropriate that the moral damages must also be repaired, on grounds of equity, through the payment of compensation.105 193. In evaluating the non-pecuniary damages suffered in the instant case – harm so serious as to have produced a violation of Article 5 of the American Convention, in conjunction with Article 1(1) of that treaty (supra para. 103) – the Court has carefully studied the testimony of Moiwana community members Erwin Willemdam, Antonia Difienjo and Andre Ajintoena, and is of the opinion that their experience may be considered representative of that of rest of the victims.106 Furthermore, the Tribunal has closely examined the testimony of witness Stanley Rensch, as well as of expert witnesses Kenneth M. Bilby and Thomas Polimé (by affidavit), all of whom have demonstrated intimate familiarity with N’djuka society in general, and the circumstances of the Moiwana community members in particular. 194. Given that the victims of the present case are members of the N’djuka culture, this Tribunal considers that the individual reparations to be awarded must be supplemented by communal measures; said reparations will be granted to the community as a whole in subsection D.107 195. The Court’s assessment of moral damage in the instant case particularly takes into account the following aspects of the Moiwana community members’ suffering: a) their inability, despite persistent efforts, to obtain justice for the attack on their village, particularly in light of the N’djuka emphasis upon punishing offenses in a proper manner (supra paragraph 86(10)). Such long-standing impunity, fostered by violent State efforts to obstruct justice (supra paragraph 86(33)), humiliates and infuriates the community members, as much as it fills them with dread that that offended spirits will seek revenge upon them (supra paragraph 86(43)). In addition, due to the failure of the State’s criminal investigation, community members are fearful that they could once again confront hostilities if they were to return to their traditional lands (supra paragraph 86(43)); b) they do not know what has happened to the remains of their loved ones, and, as a result, they cannot honor and bury them in accordance with fundamental norms of N’djuka culture, which causes them deep anguish and despair (supra paragraph 86(42)). Since the various death rituals have not been performed according to N’djuka tradition, the community members fear “spiritually-caused illnesses,” which they believe can affect the entire natural lineage and, if reconciliation is not achieved, will persist through generations (supra paragraph 86(9)); and 105 Cf. Case of the Serrano-Cruz Sisters, supra note 9, para. 157; Case of Carpio-Nicolle et al., supra note 82, para. 117; and Case of Plan de Sánchez Massacre. Reparations, supra note 82, para. 81. 106 Cf. Case of Plan de Sánchez Massacre. Reparations, supra note 82, para. 84. 107 Cf. Case of Plan de Sánchez Massacre. Reparations, supra note 82, para. 86.

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