73 from Moiwana Village, as their ability to practice their customary means of subsistence and livelihood has been drastically limited (supra paragraph 86(18)). 187. The Court, considering, inter alia, the circumstances of the case and that a sufficient basis exists to presume material harm, sees fit, on grounds of equity, to direct the State to grant an indemnity for material damages of US$3,000.00 (three thousand dollars of the United States of America) to each of the victims indicated in paragraphs 180 and 181. The indemnity for material damages shall be granted to each of the victims pursuant to the terms stipulated in paragraphs 178 and 179 of the instant judgment. The Tribunal notes here that an additional measure shall be ordered in a subsequent section of this judgment, in efforts to repair the loss of the Moiwana community members’ homes (infra paragraph 214).103 C) MORAL DAMAGES Arguments of the Commission 188. The Commission requested that the Court order the State to pay moral damages resulting from the denial of justice suffered by the victims, based on the following considerations: a) both the survivors and the family members of those killed in the massacre have experienced moral suffering as a result of the ongoing denial of justice, their forced displacement and the lack of closure regarding the events; b) the former residents of Moiwana Village were traumatized – physically, psychologically and emotionally – by the circumstances of the attack that forced them to flee in terror, and which resulted in the destruction of their homes and the community as a whole; c) the victims also suffer because they were unable to bury their loved ones in the traditional custom and, in most cases, are unaware of the location of the corpses; d) the victims must live with the knowledge that their failure to obtain justice has caused anger in the spiritual world, which has already manifested itself in the form of illness, disease and misfortune; e) their inability to maintain their relationship with their ancestral lands and its sacred sites has deprived them of a fundamental aspect of their cultural identity, which adds to their sense of loss as well as to their uncertainty about the community’s future; and f) they continue to fear for their personal safety, owing to the ongoing impunity. 103 Cf. Case of Plan de Sánchez Massacre, supra note 82, para. 74.