156
and foreseeing their fatal destiny, when they were subjected to the conditions of
terror that reigned in Mapiripán between July 15 and 20, 1997. The next of kin of the
victims, in turn, have suffered harm as a consequence of the disappearance and
execution of the victims, due to lack of support of State authorities in the search for
those missing, and the fear to begin or continue the search for their next of kin in
face of possible threats. Since most of the victims are missing, the next of kin have
been unable to adequately honor their deceased beloved ones. Lack of a complete
and effective investigation of the facts and partial impunity constitute a source of
additional anguish and suffering for the victims and their next of kin. All the above,
in addition to affecting their physical and psychological integrity, has had an impact
on their social and work relations, has altered the dynamics of their families and, in
certain cases, has endangered the lives and the right to humane treatment of some
of their members (supra para. 96.176).
285. International jurisprudence has repeatedly established that the judgment
constitutes per se a form of reparation.288 However, given the gravity of the facts in
the instant case and the situation of partial impunity, the intensity of the suffering
caused to the victims, changes in the conditions of their existence and other
pecuniary or non-pecuniary consequences, the Court deems it necessary to order
payment of compensation for non-pecuniary damages, in fairness.289
286. To assess the non-pecuniary harm caused in the sub judice case, the Court
has taken into account the statements of the witnesses, whether through sworn
statements, statements before notary publics, or testimony before the Court, that
the harm caused is representative of that suffered by the rest of the victims, most of
whom lived in or near Mapiripán.
287. Once again, the Court takes into account that the settlements reached under
administrative-law venue set compensation for moral damages in favor of the next
of kin of Álvaro Tovar Muñoz, Sinaí Blanco Santamaría and José Rolan Valencia
(supra paras. 96.130, 96.131 and 207). Since these compensations were ordered
only in favor of the next of kin of those victims and the content of those settlements
does not warrant the conclusion that they also compensated for the harm directly
suffered by those gentlemen, the Court will order compensation for the nonpecuniary harm suffered directly by Álvaro Tovar Muñoz, Sinaí Blanco Santamaría
and José Rolan Valencia.
288. Taking into account the various aspects of the harm alleged by the
Commission and by the representatives, the Court will set the amount of
compensation for non-pecuniary damages in fairness, and this amount must be paid
according to the provisions of paragraph 259 of the instant Judgment, and in
accordance with the following parameters:
a) for the approximately 49 victims that the State has acknowledged were
executed or made to disappear, whether or not they have been individually
identified, the Court orders payment of US$ 80,000.00 (eighty thousand United
States dollars);
288
See Case of Acosta Calderón, supra note 7, para. 159; Case of Caesar, supra note 274, para.
126, and Case of Huilca Tecse, supra note 274, para. 97.
289
See Case of Acosta Calderón, supra note 7, paras. 159 to 160; Case of Caesar, supra note 274,
para. 126, and Case of Huilca Tecse, supra note 274, para. 97.
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