11
the locality of the wrongful occurrences, so as to function regularly and permanently
(as from 1994) and to put into operation a dispensary which existed in that place
(resolutory point n. 5).
31.
Seven and a half years later, the Court, in the present case of the "Street
Children", in abiding by a request of the representatives of the relatives of the victims,
again orders a non-pecuniary reparation, of the kind of obligations of doing, consisting
in
"designating an education centre with a name referring to the
youngsters victims of this case and placing in such centre a plaque with
the names"
of the five murdered adolescents (resolutory point n. 7, and cf. par. 103). As very well
pointed out by the Court, this measure
"would contribute to awake the conscience in order to avoid the
repetition of wrongful acts such as those occurred in the present case
and to keep alive the memory of the victims"38.
32.
In the cas d'espèce, the Court has, thus, duly valued the living conditions of
abandonment of the so-called "street children", brutally victimized, bearing
"in mind the general adverse conditions of abandonment suffered
by the five youngsters in the streets, who remained in a situation of high
risk and without any help as to their future" (par. 90).
In the whole present Judgment on reparations in the case of the "Street Children", the
Court sought to fulfill the basic - material and other - needs of their relatives. And, both
in the fixing of the moral damage (pars. 88-93), as in relation to the aforementioned
measures of satisfaction (pars. 98-103), - to me of the greatest importance, - the Court
also kept in mind the melancholic reality of the five adolescents victimized in the street.
33.
In the present case of the "Street Children", the five direct victims, before being
cruelly and arbitrarily deprived of their lives, were already deprived of creating and
developing a project of life (and of seeking a meaning for their existence). They used to
stay in the streets in a situation of high risk, vulnerability and defencelessness, amidst
the humiliation of misery and a state of suffering amounting to a spiritual death, - like
millions of other youngsters (in growing numbers) in all Latin America and all over the
"globalized" - more precisely, dehumanized - world of this beginning of the XXIst
century. May the present Judgment on reparations serve, thus, also of encouragement
to all those who, in our countries of Latin America, have experienced the pain of losing
a beloved person in similar circumstances of suffering and humiliation, aggravated by
the impunity and the indifference of the social milieu.
34. In the case of Loayza Tamayo versus Peru (reparations, 1998), it was pointed out,
in the same line of reasoning, that
- "(...) Contrary to what the materialist conception of the homo oeconomicus
pretends, a conception regrettably prevailing in our times, (...) the human being is not
38
.
Par. 103 (emphasis added).
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