28
90.
Based on the foregoing and the principles of equity, the Court sets the moral
damages suffered by the victim at the sum of US$30,000.00 (thirty thousand United
States dollars), which is to be divided between the parents and sister in equal parts,
as they requested. It also deems it equitable to award direct compensation for
moral damages of US$50,000.00 (fifty thousand United States dollars) to each
parent of Ernesto Rafael Castillo-Páez, and US$30,000.00 (thirty thousand United
States dollars) to his sister.
XI
OTHER FORMS OF REPARATION
91.
The victim’s next of kin asserted that “there is a value that can be attached to
every individual’s life that transcends his earning potential, since every individual is
an essential and unique part of his family, his community, his nation and humanity.”
On that basis, they are seeking compensation of US$100,000.00 (one hundred
thousand United States dollars). During the public hearing, the victim’s next of kin
clarified that this was a “separate item of reparation, an economic assessment of the
cost of the violation of the right to life.”
92.
The State expressed general opposition to this item in its references to moral
damages (supra 82).
93.
The Court is of the opinion that the statements made by the immediate family
of the victim can be interpreted broadly as allusions to the right of a nation, a
community and a family not to be denied the life of one of its members (cf. Article
32(1) of the American Convention).
With issues of this kind, the Court has
previously held that every individual, in addition to being a member of a family and a
citizen of a State, also generally belongs to intermediate communities. However,
this Court has not held that the moral damages caused by an individual’s death
extend to such communities, and even less to the nation as a whole. If in some
exceptional case such compensation has ever been granted, it would have been to
specific communities that have suffered proven moral damages (cf. Aloeboetoe et al.
Case, Reparations, supra 50, para. 83).
*
*
*
94.
The victim’s next of kin are requesting publication of the Judgment in the
Official Gazette of the Peruvian State and that the latter issue a press communiqué
transcribing
the proven facts and the operative part of the Judgment, as well as an apology to the
family and a commitment from the Peruvian government that events and acts such as
those that occurred will never be repeated in that country. The press releases are to be
published in five of the country’s major newspapers and in prestigious newspapers in the
international community.
They also request that the victim’s good name be restored, that the plaza where he
disappeared “bear his name and that a plaque be placed there in [his] memory.”
95.
In its brief of May 11, 1998, the State asserted that these claims