per se a form of reparation. 343 However, in its case law, the Court has developed the
concept of non-pecuniary damage and has established that this “can include the suffering
and distress caused to the direct victim and his family, the impairment of values that are of
great significance to the individual, as well as the changes, of a non-pecuniary nature, in
the living conditions of the victims or their family.” 344
316. The Commission asked the Court to establish, in equity, the amount of the
compensation corresponding to the non-pecuniary damage resulting from the violations
alleged in the application.
317. The representatives indicated that, taking into account the circumstances of the case
and the violations to the personal integrity of Narciso González Medina, the Court should
order the State to pay the sum of US$100,000.00 (one hundred thousand United States
dollars) as compensation in his favor for non-pecuniary damage. They also asked that the
Court order the State to repair the damage suffered by Narciso González Medina’s family,
owing to: (a) the anguish caused by his forced disappearance and the impunity, and (b) the
re-victimization to which the family of Narciso González Medina were subjected owing to the
accusations made by the State that the González Ramírez family was “deliberately”
concealing information related to the hypothesis of Mr. González Medina’s suicide.
Therefore, they asked that the Court establish, in equity: (a) the sum of US$50,000.00
(fifty thousand United States dollars) for Ernesto, Rhina Yokasta, Jennie Rosanna and
Amaury, all González Ramírez, and (b) the sum of US$60,000.00 (sixty thousand United
States dollars) for Luz Altagracia Ramírez, taking into account the additional element “of her
active participation in all the measures to clarify the forced disappearance of her husband
and the emotional burden she has had to bear as sole head of the household and source of
the family’s subsistence.”
318. In its answering brief, the State asked the Court to reject the arguments of the
representatives and, in particular, considered that “the appraisal of the possible nonpecuniary damage […] is exaggerated.” Accordingly, it asked the Court to determine this
compensation “in accordance with the consistent criteria developed in its case law in this
type of case.”
319. Considering the circumstances of the case sub judice, the sufferings that the
violations committed caused to the victims, as well as the changes in their living conditions,
and the other consequences of a non-pecuniary nature that they suffered, the Court finds it
pertinent to establish an amount, in equity, as compensation for non-pecuniary damage.
320. Based on the compensation ordered by the Court in other cases of forced
disappearance of persons, and considering the circumstances of the instant case, the
significance, nature and seriousness of the violations committed, the sufferings caused to
the victim, the time that has elapsed since the onset of the disappearance, and the denial of
justice, the Court finds it pertinent to establish, in equity, the sum of US$80,000.00 (eighty
thousand United States dollars) in favor of Narciso González Medina, as compensation for
non-pecuniary damage. Also, for the same concept, the Court establishes, in equity,
compensation of US$50,000.00 (fifty thousand United States dollars) for Luz Altagracia
Ramírez, as well as compensation of US$40,000.00 (forty thousand United States dollars),
for each of Mr. González Medina’s children; namely, Ernesto, Rhina Yokasta, Jennie Rossana
343
Cf. Case of El Amparo v. Venezuela. Reparations and costs. Judgment of September 14, 1996. Series C
No. 28, para. 35, and Case of Contreras et al. v. El Salvador, supra note 51, para. 227.
344
Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, supra note
309, para. 84, and Case of Fontevecchia and D’Amico v. Argentina, supra note 70, para. 120.
94
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