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b)
Luis Alberto’s family –his mother and brothers Luis Fernando, Isaac
Alonso and José Antonio, all surname Cantoral Benavides- suffered from his
absence and shared in his pain and suffering because of the manner in which
the events transpired, the conditions of his incarceration and the nature of
the charges against him –treason and terrorism-, the humiliating treatment
they received when they visited the victim and the way in which they were
stigmatized by neighbors, acquaintances, the authorities and a sector of the
press.
Some family members were themselves the target of State
persecution;
c)
Gladys Benavides López, the mother of the victim, personally
undertook the job of securing her son Luis Alberto’s release and had to deal
with the conditions under which her sons were being held. For her this was a
form of mental abuse and entailed physical trauma as well, such as the
vaginal inspections that she sometimes had to undergo when visiting Luis
Alberto and Luis Fernando in prison, as she told the Court at the public
hearing. During the time her son Luis Alberto was incarcerated, the regimen
of visits was restricted. During the visits that were allowed she was not
permitted to have any type of affectionate physical contact with him. Her
physical and mental health has been gravely affected. Mrs. Benavides López
was never able to learn the identity of those responsible for the facts in this
case, as the corresponding authorities refrained from investigating and
punishing the crimes. In accordance with the jurisprudence constante of the
Court, she is entitled to be compensated for this pain and suffering;
d)
Luis Fernando Cantoral Benavides, the victim’s brother, suffered a fate
similar to that of Luis Alberto. At present he is a refugee in Bolivia, living in
forced exile, separated from his family and in desperate economic and social
straits;
e)
Isaac Alonso Cantoral Benavides, the victim’s brother, saw his life
changed, as his family life was torn apart. He suffered from depression and
isolation, dropped out of school for a time and has suffered the social
consequences of the stigmatization. He has also been the target of attacks,
both before and after Luis Alberto’s release;
f)
José Antonio Cantoral Benavides, the victim’s brother, now lives in
Bolivia;
g)
The victim’s representatives contend that equity demands that
compensation for the pain and suffering caused to the victim during the 1,599
days of his imprisonment and the terrible aftereffects that persist even to this
day be set at the sum of US$80,000.00 (eighty thousand dollars of United
States of America), and the compensation for the pain and suffering caused
to his next of kin at US$40,000.00 (forty thousand dollars of United States of
America). These were the amounts requested by the victim’s representatives
in their reparations brief. However, in their brief of conclusions regarding
reparations, once again invoking the principle of equity, they request the sum
of US$80,000.00 (eighty thousand dollars of United States of America) for
Luis Alberto Cantoral Benavides and the sum of US$40,000.00 (forty
thousand dollars of United States of America) for each of his next of kin;