41
the death penalty in cases of kidnapping until it has carried out the pertinent
reforms;
(h)
To conduct a new criminal trial for the crime of which Mr. Raxcacó
Reyes is accused, applying the reformed law, which is the only way to ensure
an individualized and proportionate punishment, resulting from a fair trial that
considers all the specific circumstances and elements of the case; and
(i)
To modify the prison term for the crime of kidnapping. The current
punishment of 25 to 50 years of imprisonment is contrary to the American
Convention. The length destroys the identity of the person who has been
sentenced and causes irreversible psychological damage.
126. With regard to costs and expenses, the representatives requested the Court
to order the State to pay the costs arising at the national and international levels. To
this end, they calculated the sum of US$2,090.87 (two thousand and ninety United
States dollars and eight-seven cents) in favor of IECCPG, and US$2,918.92 (two
thousand nine hundred and eighteen United States dollars and ninety-two cents) in
favor of CEJIL. They also requested that the expenses incurred by Mr. Raxcacó Reyes
for the professional fees of his representatives at the national level should be
established, according to the principle of equity.
Arguments of the State
127. The State requested that, irrespective of its ruling in this case, the Court
should take into consideration the country’s economic situation and reject the
request for financial reparations made by the representatives, and also the
procedural costs and expenses.
Findings of the Court
A) BENEFICIARY
128. In the terms of Article 63(1) of the American Convention, the Court considers
that Ronald Ernesto Raxcacó Reyes is the injured party, as victim of the violations
described in the preceding chapters of this judgment.
B) PECUNIARY AND NON-PECUNIARY DAMAGE
129. Pecuniary damage presumes loss of or detriment to income, the expenses
incurred as a result of the facts, and the consequences of a pecuniary nature that
have a causal relationship with the violations.75 Non-pecuniary damage can include
the suffering and hardship caused to the victims of human rights violations and to
their next of kin, as well as the harm to objects of very significant value to an
individual, and to his living conditions.76
130. In this case, the Court will not establish compensation for pecuniary damage
related to the lack of work or economic activity of Mr. Raxcacó Reyes, as requested
75
Cf. Case of Acosta Calderón, supra note 1, para. 157; Case of Yatama, supra note 1, para. 242,
and Case of Fermín Ramírez, supra note 1, para. 129.
76
Cf. Case of Acosta Calderón, supra note 1, para. 158; Case of Yatama, supra note 1, para. 243,
and Case of Fermín Ramírez, supra note 1, para. 129.
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