73
covered up the facts; and stigmatization due to association of the names of the
victims with being “terrorists,” which has even led to the daughter of Rafael Samuel
Gómez Paquiyauri not being legally registered as his daughter.
217. As the Court has pointed out, the non-pecuniary damage caused to the
victims is evident, as it is in accordance with human nature for every person
subjected to aggression and abuse such as those committed against Rafael Samuel
and Emilio Moisés Gómez Paquiyauri (unlawful and arbitrary detention, torture, and
death) to experience deep moral suffering.151 For this reason, the Court deems that
the non-pecuniary damages must be compensated in fairness, and this Court sets
the amount at US$ 100,000.00 (one hundred thousand United States dollars), for
each of the victims, Rafael Samuel and Emilio Moisés Gómez Paquiyauri, to be given
to their beneficiaries under the terms set forth in paragraphs 199 and 200 of the
instant Judgment.
218. In the case of the next of kin of Rafael Samuel and Emilio Moisés Gómez
Paquiyauri, it is reasonable to reach the conclusion that the affliction suffered by the
victims extends to the closest members of the family, especially those who were in
close emotional contact with them. In this regard, the Court deems that no evidence
is required to reach that conclusion.152
219. Given the specific circumstances of the instant case, which make it impossible
to conclusively establish the degree of suffering or affliction caused to each of the
members of the victims’ family, the Court sets US$ 200,000.00 (two hundred
thousand United States dollars), in fairness, as the amount for non-pecuniary
damages. This amount will be given by the State to Ricardo Samuel Gómez Quispe
and Marcelina Paquiyauri Illanes de Gómez, parents of the victims, who will decide
based on their prudent discretion on the use or distribution of said amount amongst
themselves and the other members of the family.
220. Regarding reparation for the non-pecuniary damages suffered by Jacinta
Peralta Allccarima and her daughter Nora Emely Gómez Peralta, the Court also sets
the amounts for them, in fairness, at US$ 40,000.00 (forty thousand United States
dollars) and US$ 60,000.00 (sixty thousand United States dollars), respectively.
221. Based on the above, the Court will now summarize the amounts set as
compensation for non-pecuniary damages for the violations found:
REPARATIONS FOR NON-PECUNIARY DAMAGES
Victims and next of kin
Non-pecuniary damages
Rafael Samuel Gómez Paquiyauri (victim)
US$ 100,000.00
Emilio Moisés Gómez Paquiyauri (victim)
US$ 100,000.00
Ricardo Samuel Gómez Quispe (father) and Marcelina
US$ 200,000.00
Paquiyauri Illanes de Gómez (mother)
Jacinta Peralta Allccarima (girlfriend of Rafael Samuel Gómez
US$ 40,000.00
Paquiyauri)
Nora Emely Gómez Peralta (daughter of Rafael Samuel
US$ 60,000.00
Gómez Paquiyauri)
TOTAL
US$ 500,000.00
222.
The compensation ordered in favor of Rafael Samuel and Emilio Moisés Gómez
151
See Case of Maritza Urrutia, supra note 5, para. 168; Case of Myrna Mack Chang, supra note 5,
para. 262; Case of Bulacio, supra note 6, para. 98; and Case of Juan Humberto Sánchez, supra note 15,
para. 174.
152
See Case of Maritza Urrutia, supra note 5, paras. 169 and 169.b); Case of Myrna Mack Chang,
supra note 5, para. 264; and Case of Bulacio, supra note 6, para. 98.
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