79
269. Secondly, with regard to the surviving victim Arturo Salgado Garzón, he has
proven258 before this Tribunal the severe physical and psychological suffering that he
endured during and after the massacre, for which the Court must award compensation in
accordance with the injury caused. Therefore, the Court fixes, in equity, the quantity of US$
100,000.00 (one hundred thousand United States Dollars or its equivalent in Colombian
currency) to Arturo Salgado Garzón.
270. At the moment of distribution of the reparations ordered by this Court in the two
previous paragraphs, the State may discount the amounts that it ordered in the domestic
contentious administrative proceedings for “moral damages.”259
271. Thirdly, taking into account the various violations established by the Court in this
Judgment, the Court will, in equity, set the compensation awards for non-pecuniary
damages sustained by the twelve deceased victims and surviving victim Arturo Salgado
Garzón, and the next of kin of these victims, who received no compensation in the domestic
proceedings and for whom the agreement on reparations made no provision. In determining
such amounts, the Court will take into account the fact that:
a) the victims were illegally and arbitrarily detained and extrajudicially executed while
performing their duties as government agents in search of truth and justice;
b) the victims were in unsafe conditions inasmuch as the State failed to provide them
with adequate protection to carry out their investigation;
c) the combination of the harassment, acts of aggression, and terror to which the
victims were subjected, from the moment in which the paramilitaries confronted
them until the execution of the massacre, as well as the way in which they were
killed, that is to say, captured and bound by the paramilitaries, and subjected to
premeditated murder, caused extreme psychological and emotional suffering by the
victims;
d) after the massacre, surviving victim Arturo Salgado was tied up and had to wait for
several hours for help and medical assistance;
e) the physical and mental health of the next of kin of the victims, as well as their
economic and occupational wellbeing, were gravely affected by the massacre; and
f) eighteen years after the events of this case, an effective investigation has not been
undertaken that would permit the identification of all those responsible.
272. Therefore, in application of the preceding paragraph, the Court orders compensation
for the following individuals for non-pecuniary damages, in conformity with the amounts
established in paragraph 273 of the present Judgment:
a) Mariela Morales Caro; Olegario Gutiérrez Cruz (companion); Mariela Caro de Morales
(mother); and Gilberto Morales Téllez (father);260
b) Pablo Antonio Beltrán Palomino; and Segundo Rubén Beltrán Palomino (brother);
258
Cf. testimony offered by Arturo Salgado Garzón in the public hearing before the Inter-American Court held
January 31 and February 1, 2007; and expert report rendered by expert witness Felicitas Treue (record of witness
statements and expert reports, pages 6914 to 6916).
259
260
Cf. Case of the Ituango Massacres, supra note 15, para. 376.
The representatives did not request any compensation for Gilberto Morales Téllez; however, the proven
record identifies his suffering as a consequence of the death of his daughter Mariela Morales Caro. Cf. medical
report rendered by Diego León Severiche Hernández, internist, pulmonologist and intensive care specialist (record
of evidences to the brief containing pleadings and motions, volume I, pages 2175 and 2176) and the expert report
rendered by Felicitas Treue (record of witness statements and expert reports, pages 6910 to 6989).
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