67
iii.
Sydney Shaw Arrivillaga
113. Since Sydney Shaw Arrivillaga had to pay for the expenses of the
hospitalization and rehabilitation of his son, Sydney Shaw Díaz, who was injured
during the attack that occurred on July 3, 1993 (supra para. 76(83)), this Court
considers it pertinent to establish, in fairness, as compensation for Mr. Shaw
Arrivillaga, the amount of US$8,000.00 (eight thousand United States dollars).
C) NON-PECUNIARY DAMAGE
Arguments of the Commission
114.
The Commission stated that:
a)
With regard to the compensation to which the next of kin of the
victims have a right for non-pecuniary damage, it referred to the amounts
requested by the representatives in their final oral and written arguments;
b)
The acknowledgement of international responsibility and the
acceptance of the facts constitute in themselves crucial measures of
satisfaction to restore the honor of the victims and their next of kin;
c)
To a certain extent, the significance of Mr. Carpio Nicolle’s murder
overshadowed the tragedy of the Villacorta, Rivas González and Ávila Guzmán
families and the physical and psychological consequences that Sydney Shaw
Díaz had to face. In this regard, following the murders, all the families
affected had to make radical changes in the way they lived, endure the lack of
justice and, above all, accustom themselves to the absence of their loved
ones, and
d)
The mourning of the families of victims of murder, cannot achieve
closure until they receive fair and comprehensive reparation.
Arguments of the representatives
115.
The representatives stated that:
Jorge Carpio Nicolle
a)
The compensation for the non-pecuniary damage caused to Jorge
Carpio Nicolle should take into account not only the circumstances of his
death, but also the political motivation behind his execution, and also the
significance of the political role he played for the UCN and for Guatemalan
society as a whole. The non-pecuniary damage caused to Jorge Carpio Nicolle
amounts to US$150,000.00 (one hundred and fifty thousand United States
dollars);
b)
Regarding the next of kin of Jorge Carpio Nicolle:
i.
The Carpio Arrivillaga family was very united, and Jorge Carpio
was its patriarch;
ii.
Martha Arrivillaga de Carpio, who was married to Jorge Carpio
Nicolle for more than 35 years, saw how her husband was shot and
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