34
Arguments of the representatives of the victim and his next of kin
63.
The representatives of the victim and his next of kin requested, with respect
to “moral damages”:
a)
that a symbolic amount be given to each of the member of the Molina
Theissen family as “victims��� of the double infringement: because of the facts
that occurred to Marco Antonio Molina Theissen and because of their own
suffering;
b)
that the “moral damages” regarding Emma Guadalupe Molina Theissen
be especially considered due to the grave facts that she was subjected to as a
victim;
c)
that the Court order payment of an amount, in fairness, to enable
continuation of psychological support and treatment for the mother, the
sisters and the closest relatives of the victim;
d)
that it order the State to financially compensate, in fairness, damage
to the Molina Theissen family’s life plan, for having deprived Marco Antonio
Molina Theissen and his family of the opportunity to develop their “life plan,”
denying them the possibility of attaining the personal, professional, and
family goals that each of them had planned together with Marco Antonio; and
e)
that it is neither fair nor convenient for the victim’s next of kin to
subject possible reparations ordered by the Court in its judgment to
Guatemala’s Programa Nacional de Resarcimiento, which has a number of
limitations.
Pleadings of the State
64.
The State referred to its acknowledgment of international responsibility, which
entails the obligation to repair the consequences of the abridgment of the rights or
liberties breached, and to pay fair compensation. On the other hand, with respect
“to the measures of moral reparation,” Guatemala requested that their
implementation be channeled through the Programa Nacional de Resarcimiento, in
accordance with its domestic law, with support and participation by all the bodies of
the State that must implement the respective measures.
Considerations of the Court
65.
Non-pecuniary damages can include both the suffering and distress caused to
the direct victims and their next of kin, and detriment to individuals’ very significant
values, such as non-pecuniary alterations in the victim’s or his family’s conditions of
existence. Since it is not possible to assign a precise monetary equivalent to nonpecuniary damages, it can only be compensated for in two ways, for purposes of
comprehensive reparation to the victims. First, through payment of an amount of
money or providing goods and services that can be appraised in monetary terms,
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