23
between them has to be considered.49 Hence, given the circumstances of the
case, Luis Fernando Cantoral Benavides must also be compensated for nonpecuniary damages;
c)
Isaac Alonso Cantoral Benavides was being followed and constantly
harassed by unknown persons. As his mother testified at the public hearing,
Isaac Alonso has had psychological problems, because he was alone when his
brothers were exhibited to the press.
He took it hard. He left that night. He was walking around alone. When family
went to see him, he didn’t want to talk, he was crying. He [was] traumatize[d]
and did not want to continue his studies.
He [had] to be put into
psychotherapy. Little by little he recovered and is now back to his studies.
His family environment changed and his family was torn apart. The trauma
that Isaac Alonso experienced clearly demonstrates the affective bond that
exists between him and his brother Luis Alberto, and how the situation
affected him. Given the foregoing, he, too, must be compensated for nonpecuniary damages;
d)
José Antonio Cantoral Benavides was also affected by the difficulty his
family was experiencing and by the incarceration of his brothers, felt a sense
of insecurity and was afraid that he, too, would be taken into custody. He left
the country and now lives in Bolivia. While there is no reliable evidence
proving the non-pecuniary damages he suffered, it is reasonable to presume
that he, like his mother and other brothers, could not be indifferent to what
happened to his brother and to his family, and therefore must be
compensated for non-pecuniary damages.50
62.
Considering the various heads of damages that the victim’s representatives
are claiming and with which the Commission is in agreement, the Court is ordering,
as pertinent and responsive to the specifics of the case and based on the principle of
equity, compensation of non-pecuniary damages to the victim and his next of kin as
itemized below:
Reparations for non-pecuniary damages
Victim and next of kin
Amount
Luis Alberto Cantoral Benavides(victim)
US$60,000.00
Gladys Benavides López (mother)
US$40,000.00
Luis Fernando Cantoral Benavides (brother) US$20,000.00
Isaac Alonso Cantoral Benavides (brother)
US$ 5,000.00
José Antonio Cantoral Benavides (brother)
US$ 3,000.00
TOTAL
US$ 128,000.00
63.
The terms of the compensation for the injury to the victim’s “life plan” will be
described in a later section of this Judgment (infra paragraph 80).
IX
49
Cf. The “White Van” Case (Paniagua Morales et al.). Reparations, supra note 2, paragraph 109.
Cf. The “Street Children” Case. Reparations, supra note 2, paragraph 68; The “White Van” Case
(Paniagua Morales et al.). Reparations, supra note 2, paragraph 110; and the Loayza Tamayo Case.
Reparations, supra note 47, paragraph 142.
50