25
detrimental to the family group’s employment or business activities. The State did
not directly oppose this item, but it objected to the figure (supra 14 and 22). The
Court recognizes the difficulty of determining the damages caused under this
category and the amount they represent, especially inasmuch as it is impossible to
establish the causal nexus between the fact and the consequences alleged to have
followed from it and to which this part of the claim refers: the bankruptcy of the
business of the victim’s father, sale of the family home at less than its market value,
and other aspects mentioned (supra 71.c). Elsewhere the Court has held that “To
compel the perpetrator of an illicit act to erase all the consequences produced by his
action is completely impossible, since that action caused effects that multiplied to a
degree that cannot be measured” (Aloeboetoe et al. Case, Reparations, supra 50,
para. 48). However, the Court considers that in practice, a general patrimonial
injury was done to the family group by the disappearance of one of its members, for
reasons imputable to the State. The disappearance caused economic and other
types of problems for the family that must be redressed based on principles of
equity.
The Court sets the reparations for this category of damages at
US$25,000.00 (twenty-five thousand United States dollars).
77.
Also being sought is reimbursement of the expenses incurred by the next of
kin of Ernesto Rafael Castillo-Páez in their search for him. These expenses included
outlays for travel, communications, administrative inquiries, visits to jails, hospitals
and public institutions, for medical treatment to recover from the disappearance of a
son and brother, and for the family’s move to the Netherlands, where its members
have been granted humanitarian refuge and political asylum (supra 71.b). However,
the evidence submitted to support the figure is not neither sufficient nor conclusive.
Therefore, based on principles of equity, the Court considers the sum of
US$25,000.00 (twenty-five thousand United States dollars) to be appropriate
compensation for the items mentioned under this category.
X
MORAL DAMAGES
78.
In their brief on reparations, the victim’s next of kin requested that the
compensation for moral damages be fixed at a total of US$500,000.00 (five hundred
thousand United States dollars) “to be divided equitably among the family: parents
and sister of the victim”. They also requested the creation of a fund of US$5,000.00
(five thousand United States dollars) for needed rehabilitation, to cover medical and
psychological care for the next of kin.
79.
The Commission asserted that the moral damage inflicted was, first of all, the
pain and suffering suffering that Ernesto Rafael Castillo-Páez’ next of kin experienced
with his disappearance. One immediate consequence of his disappearance, the
Commission argued, was that the victim’s sister received threats and had to
“abruptly leave her country.” The Commission maintained that the second moral
damage inflicted was the suffering caused to the victim by the violent circumstances
under which the events occurred. The victim’s next of kin as well claimed the moral
damage inflicted upon the victim, asserting that “Ernesto Rafael Castillo-Páez
suffered directly by the aggression and abuse to which he was subjected during the
course of his detention, as the Court established.”