27
111. Moreover, it stated that the requested compensation for non-pecuniary damages is not
appropriate because the Court's conditions have not been met. Furthermore, Mr. Martínez was
allowed to pursue his case without obstruction, and his relatives have never shown a need for any
kind of psychological help over the course of many years. It asked, however, that if compensation
in equity is ordered, the amounts requested by the representatives not be taken into consideration.
D.1 Non-pecuniary damages
112. Due to the specifics of this case and the causal nexus of the violations declared, the Court
will rule on non-pecuniary damages only.
113. This Court has established that this concept “may include the suffering and distress caused
to victims and close relatives, the impairment of values that are highly significant to them, and nonpecuniary disruptions that affect their living conditions.” 96
114. This Court has not ordered compensation in other cases in which it declared the responsibility
of the State for applying the death penalty, 97 but in those cases, the victim had not been executed.
In this case, however, the Court has declared the violation of Articles 4(1), 4(2), 9, 8(2)(c), and
8(2)(e) of the American Convention not just for the application of the criterion of the dangerousness
of the agent in sentencing Mr. Martínez Coronado to death, but also for having carried out his
execution as a consequence of that sentence. Accordingly, given the specifics of this case, the Court
finds it appropriate to order compensation in equity in the amount of USD 10,000 (ten thousand
United States dollars) in favor of the victim. In view of the information provided by the
representatives regarding the immediate family of Mr. Martínez Coronado (supra para. 16), this
Court decides that this amount shall be distributed equally among his wife Manuela Girón and their
children Rony Disrael Martínez Girón, Irma Yojana Martínez Girón, and Marleny Girón.
E. Reimbursement of expenses to the Victims' Legal Assistance Fund
115. This Fund was granted the financial assistance necessary to cover the costs of the statements
by affidavit made by Manuela Girón, Rony Disrael Martínez Girón, Irma Yojana Martínez Girón, and
Marleny Girón; as well as the other reasonable and necessary expenses incurred by the
representatives to meet in person with the relatives of Manuel Martínez Coronado, including the
travel, transfers, lodging, and food needed for inter-American defense counsel.
116. On April 22, 2019, the Secretariat of the Court sent the State a report on disbursements
made to the Victims' Legal Assistance Fund, which came to a total of USD 280 (two hundred eighty
United States dollars), and pursuant to Article 5 of the Rules of Procedure for the Operation of the
Fund, it gave Guatemala a deadline for submitting any relevant observations. The State submitted
its observations on April 26, 2019, in which it objected to paying for the formalization of the
affidavits of Mr. Martínez Coronado’s relatives for the following reasons: a) the cost for formalizing
the documents “seems [...] very high,” and b) “at no point were the State’s questions answered
and [...] there were several errors in the statements,” as it had noted before.
117. Pursuant to Article 5 of the Rules of Procedure of the Fund, because of the violations declared
in this judgment and the fulfillment of the requirements for using the Fund, the Court orders the
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment of May
26, 2001. Series C No. 77, para. 84, and Case of Muelle Flores v. Peru, supra, para. 262.
97
Case of Fermín Ramírez v. Guatemala. Merits, Reparations, and Costs, supra; Case of Raxcacó Reyes v.
Guatemala, supra; Case of Boyce et al v. Barbados. Preliminary Objection, Merits, Reparations, and Costs. Judgment of
November 20, 2007. Series C No. 169; Case of Dacosta Cadogan v. Barbados. Preliminary Objections, Merits, Reparations,
and Costs. Judgment of September 24, 2009. Series C No. 204.
96