44
150. Similarly, Bismarck Albán-Sánchez, Miss Albán-Cornejo’s father, in his
affidavit, expressed that “many facts have [made him] lose faith in the
administration of justice”. He added that “[i]t is very frustrating to see the outcomes
after such a long time and realize that those who are guilty have not been punished
and that, despite all [their] efforts, nothing has happened”. Finally, when referring
to the situation of Dr. Espinoza-Cuesta, Mr. Albán-Sánchez expressed that “[i]t was
[our] representatives who, through an Internet search, located Dr. Espinoza[Cuesta], […] but the State never did anything to locate him”.
151. As regards pecuniary damage, the Court notes that
elements to conclude that Laura Albán’s next of kin incurred
connection with the steps taken with a view to clearing up
daughter’s death. It is the Court’s holding that such pecuniary
causal link to the facts of the instant case.
there are sufficient
various expenses in
the causes of their
expenditures have a
152. Because a violation of the rights enshrined in the Convention to the detriment
of Carmen Cornejo de Albán and Bismarck Albán-Sánchez, Laura Albán’s parents,
has been established in this Judgment, as they were declared the victims of the
violation of Articles 5(1), 8(1) and 25(1) of the Convention (supra paras. 50 and
109), it is the Court view that compensation for such violation is in order.
153. In view of the foregoing, the Court orders, in equity, the amount of
US$25,000 (twenty five thousand US dollars) to be paid to each of the victims,
Carmen Cornejo de Albán and Bismarck Albán-Sánchez, as compensation for
pecuniary and non pecuniary damages. Said amount shall be given to each of them.
154. The State shall pay the compensation directly to its beneficiaries within one
year following notification of the instant Judgment.
C)
SATISFACTION AND GUARANTEES OF NON-REPETITION
155. Under this heading, the Tribunal shall set the non-pecuniary measures of
satisfaction aimed at redressing non pecuniary damages, as well as those measures
of public scope or impact.
a)
Publication of the judgment
156. The representatives requested that the facts and the operative paragraphs of
the Judgment be published in the three newspapers of widest circulation in Ecuador,
and that the whole Judgment be published in the State’s Official Gazette.