135
a)
in arriving at a figure for the compensation owed to the deceased
inmates for the non-pecuniary damages they suffered,220 the Court has
considered that these victims suffered inhuman prison conditions; most of
these victims were children who died violent deaths while in the custody of
the State. The conditions at the center caused the children fear, anguish,
desperation, and a sense of powerlessness, as the situation in which they
found themselves was unremitting and in all likelihood they had no hope that
their lot would change in the near term. This Court has also weighed the
particularly traumatic circumstances of their deaths and the fact that the
majority of the deceased did not die immediately, but instead were racked
with terrible pain. In the case of the injured inmates as well,221 the Court has
considered the inhuman prison conditions of their internment, the severity of
the injuries they sustained as a result of the fires, and that with the major
injuries they sustained, their lives were in many respects unalterably changed
from the normal life they might otherwise have lived; and
b)
in determining the compensation owed to the identified next of kin of
the deceased and injured inmates, whom this Court has declared to be
victims, this Court must take account of the suffering that they have endured
as a direct consequence of the inmates’ injuries and/or deaths. These next of
kin have experienced profound suffering and pain, detrimental to their mental
and moral integrity. Moreover, the events that they had to endure caused
them great pain, a sense of powerlessness, insecurity, grief and frustration,
which has profoundly altered their circumstances and their family and social
relations, representing a serious blow to their lifestyle.
304. For non-pecuniary damages sustained by the nine inmates who died in or as a
result of the first fire, this Court awards compensation, in equity, in the amount of
US$65,000.00 (sixty-five thousand United States dollars); in the cases of Benito
Augusto Adorno, Héctor Ramón Vázquez and Richard Daniel Martínez, whose deaths
were not attributable to the fires, the Court orders compensation for non-material
damages in the amount of US$ 50,000.00 (fifty thousand United States dollars).
305. One of the criteria the Court used to compute the compensation owed to the
injured former inmates was the percentage of the body that sustained burns. For
these victims, the Court is awarding non-pecuniary damages, in equity, in the
following amounts: US$ 50,000.00 (fifty thousand United States dollars) to whose
who sustained burns over 30% or more of their body; US$ 45,000.00 (forty-five
thousand United States dollars) to those who sustained burns over an area ranging
from 20% but less than 30%; US$ 40,000.00 (forty thousand United States dollars)
220
Elvio Epifanio Acosta Ocampos, Marco Antonio Jiménez, Diego Walter Valdez, Sergio Daniel Vega
Figueredo, Sergio David Poletti Domínguez, Mario del Pilar Álvarez Pérez, Juan Alcides Román Barrios,
Antonio Damián Escobar Morinigo, Carlos Raúl de la Cruz, Benito Augusto Adorno, Richard Daniel Martínez
and Héctor Ramón Vázquez.
221
Abel Achar Acuña, José Milciades Cañete Chamorro, Ever Ramón Molinas Zárate, Arsenio Joel
Barrios Báez, Alfredo Duarte Ramos, Sergio Vincent Navarro Moraez, Raúl Esteban Portillo, Ismael Méndez
Aranda, Pedro Iván Peña, Osvaldo Daniel Sosa, Walter Javier Riveros Rojas, Osmar López Verón, Miguel
Ángel Coronel Ramírez, César Fidelino Ojeda Acevedo, Heriberto Zarate, Francisco Noé Andrada, Jorge
Daniel Toledo, Pablo Emmanuel Rojas, Sixto Gonzáles Franco, Francisco Ramón Adorno, Antonio Delgado,
Claudio Coronel Quiroga, Clemente Luis Escobar González, Julio César García, José Amado Jara Fernández,
Alberto David Martínez, Miguel Angel Martínez, Osvaldo Mora Espinola, Hugo Antonio Vera Quintana, Juan
Carlos Zarza Viveros, Eduardo Vera, Cándido Ulises Zelaya Flores, Hugo Olmedo, Oscar Rafael Aquino
Acuña, Nelson Rodríguez, Demetrio Silguero, Aristides Ramón Ortiz Bernal, Carlos Raúl Romero Giacomo,
Carlos Román Feris Almirón, Pablo Ayala Azola, Juan Ramón Lugo and Rolando Benítez.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos