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v. the physical and psychological suffering of siblings Enrique Pinzón
López; Jorge Pinzón López; Luis Eduardo Pinzón López, José Alberto
Pinzón López, as well as of Jaime Riaño Colorado, shows their
unbearable moral suffering. Therefore, the State must pay as
compensation to Enrique Pinzón López; Jorge Pinzón López; Luis
Eduardo Pinzón López, José Alberto Pinzón López, US$ 100,000.00
each, distributed between their mother Teresa López Triana and their
sisters: Maria Teresa Pinzón López, Sara Paola Pinzón López. Esther
Pinzón López and Luz Mery Pinzón López; US $ 50,000.00 (fifty
thousand dollars) to the mother, Teresa López Triana, for each of the
victims, for the moral damage suffered, which adds up to US
$200,000.00; to each of the sisters María Teresa Pinzón López, Sara
Paola Pinzón López, Esther Pinzón López and Luz Mery Pinzón López,
for the moral damage suffered, in addition to the threats, harassment,
and displacement suffered and which continue to date, US $30,000.00
for each of their missing brothers, for a total amount of US
$120,000.00, for each of the sisters respectively; and to Jaime Riaño
Colorado US$ 100,000.00, given to Luz Mery Pinzón; to Luz Mery
Pinzón, for the moral damage suffered due to the disappearance of her
common-law spouse Jaime Riaño Colorado, US $50,000.00;
e)
the executed or missing victims who were individually identified
suffered unimaginable fear and anguish knowing that they left their next of
kin in a vulnerable state.
Bearing in mind the gravity of the facts
acknowledged by the State, including detentions, tortures, and death or
disappearance, they asked for US$ 100,000.00 each as compensation for José
Rolan Valencia, Sinaí Blanco Santamaría, Antonio María Barrera, Jaime Riaño
Colorado, Enrique Pinzón López, Jorge Pinzón López, Luis Eduardo Pinzón
López, José Alberto Pinzón López, Fernando Martínez Contreras, Diego
Martínez Contreras, and Gustavo Caicedo Rodríguez; and
f)
the physical harm affects the individual’s psychosomatic aspect and
this, in turn, affects the person’s physical health, harming it in various
degrees and intensities. The jurisprudence of the Court has been recognizing
that the physical ailing caused by the terrible grief due to the forced
disappearance of a beloved one must to a large extent be redressed. With
regard to the victims’ health, there is a gradual deterioration, and in the case
of Teresa López de Pinzón it caused the victim’s death due to the loss of 4
sons in the facts in Mapiripán.
281.
Pleadings of the State
a)
the monetary standards of the Colombian State Council should be
adopted with regard to the moral damages of the victims and their next of
kin;
b)
the State will abide by the evidence submitted to the Court regarding
non-pecuniary damages;
c)
the State is conducting a study in each of the proceedings under
administrative-law venue, to explore the possibility of a settlement, and with
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