78 c) In the case of the next of kin of those executed in the massacre, the “non-pecuniary damage” includes the suffering resulting from the death of the loved one and the indignity of the burial that was not performed in keeping with Mayan customs. This suffering is increased when “several individuals from the same family are murdered at the same time”; d) Owing to the time that has elapsed, and also the nature and magnitude of the damage caused, it is not possible to make full restitution. Consequently, the Court should establish, in fairness, the payment of a sum of money for “non-pecuniary damage” arising from the suffering, anguish and indignity to which each of the survivors of the massacre was subjected. Also, the State should be ordered to pay the next of kin of those extrajudicially executed a figure that, in fairness, is decided for this concept. Regarding the amount of the compensation, the Commission referred to the request made by the representatives; e) The grief and the consequences of the situations that the survivors and the next of kin of those executed in the massacre had to endure go beyond the individual sphere and affect the family and the community fabric. The psychosocial damage caused by the events included the following: a) fragmentation of the community; b) destruction of family roles; c) loss of the community’s cultural identity and cultural vacuum owing to the death of the women and the elderly; d) impairment of the memory and dignity of women as the group’s transmitters and procreators; e) changes in the community mourning patterns; f) substitution of traditional norms and values by military norms and authorities, and alteration of the traditional community social fabric, and g) deterioration of the community’s relations of trust, and f) The damage to the community life project is aggravated by the absence of justice, acknowledgement of the damage suffered, remembrance of the victims, and compensation. The Guatemalan courts of justice have not identified, prosecuted or sentenced the perpetrators and masterminds of the massacre, and this continues to harm not only the survivors and the next of kin of the victims but all Mayan people. Arguments of the representatives 78. The victims’ representatives argued that: a) Once the alleged human rights violations have been proved, it must be presumed that “non-pecuniary damage” was caused, and it is the State’s obligation to repair this. Nevertheless, in this case, the “non-pecuniary” damage has been sufficiently proved with the testimonies and the expert reports that form part of the body of evidence; b) Compensation for “non-pecuniary damage” should result in restitutio in integrum of the damage suffered by the violation of Articles 1(1), 5(1), 5(2), 8(1), 11, 12(2), 12(3), 13(2), 13(3), 13(5), 16(1), 21(1), 21(2), 24 and 25 of the American Convention; c) Those who survived the massacre show symptoms of avoidance, hyper-watchfulness with sleep alterations, and accesses of anger towards their family, feelings of guilt, alteration of mourning patterns, and ailments

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