132
C) NON-PECUNIARY DAMAGES
295. The Court will now consider the adverse consequences of the facts in this case
that are neither financial nor asset-related. Non-pecuniary damages can include the
pain and suffering caused to the immediate victims and their next of kin, the harm
done to the values that the individuals cherish most, as well as non-pecuniary
changes in the circumstances of the victim or the victim’s family. As no exact
monetary equivalent can be assigned to non-pecuniary damages, to fully redress the
harm done to the victims non-pecuniary damages can only be compensated in two
ways: first, by paying a sum of money or providing goods or services that have a
monetary value, which the Court determines using its discretion and in equity;
second, by other means whose purpose is to exact from the State a commitment to
efforts to prevent similar events from ever happening again.
Pleadings of the Commission
296. The Commission reasoned that in order to determine moral damages in the
instant case, the Court should consider such factors as the seriousness of the
violations and the emotional suffering experienced by the victims and their next of
kin. The Commission argued that the loss of a loved one was not the only suffering
that caused non-pecuniary damages; it was also the inhumane detention conditions,
the offensive treatment and the ever-present sense of vulnerability that one felt
because of being housed in adult prisons, because of the fires and because one
lacked the means to defend oneself properly. All these conditions caused extreme
pain and suffering, not just to the victims but to their next of kin as well, who shared
their loved ones’ suffering. The Commission therefore petitioned the Court:
a)
to order the State to pay, in equity, moral damages to the next of kin
of the inmates who died. The Commission also asked that the Court take into
account the following: the suffering caused by the kind of painfully slow
death that burns sustained in a fire can cause; the suffering the next of kin
experienced knowing that their children were in the custody of the State when
they died of burns sustained in the fires; the inmates who were injured in
each of the fires; and each and every inmate interned in the Center, because
of the suffering, anguish and indignities they were forced to endure;
b)
to order the establishment of a special reparations fund for the victims
of the Center, in consideration of the massive breach of rights that the
center’s very existence caused. The Commission maintained that the purpose
of that fund should be to finance educational programs, job-training programs
and psychological and medical assistance for all the children and adolescents
who were unlawfully and arbitrarily deprived of their liberty at the center; and
c)
in the case of the victims who were housed at the ‘Panchito López’
facility between August 14, 1996 and July 25, 2001, who were neither injured
nor killed in the fires and were not sent to adult prisons, to order the State to
compensate them for the inhuman conditions they were forced to endure
during their time at the Center. Because it is difficult to quantify this
reparation in monetary terms, the Commission asked the Court to fix an
amount in equity for each victim.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos