94
the suffering and distress caused to the direct victims and their next-of-kin, and
the impairment of values that are highly significant to them, as well as other
sufferings that cannot be assessed in financial terms, to the living conditions of the
victims or their families.”355
256. The Commission requested the Court “in view of the nature of the case and
the seriousness of the damage caused to the victims, […] to set the amount of
compensation for non-pecuniary damages based on the principle of equity.”
257. The representatives indicated that “[t]he unlawful detention and torture, as
well as the lack of justice and reparation, caused serious physical, psychological
and emotional damages to Rodolfo Montiel and Teodoro Cabrera, but also had a
serious impact on their life project,” whose effects are still present. According to
the representatives, the victims in this case have experienced very serious
emotional symptoms such as “periods of deep sadness, anxiety, depression,
headaches and changes in humor, among other symptoms,” as well as symptoms
related to a Post-traumatic Stress Disorder. On the other hand, the separation from
their families “produced serious anguish in the victims,” since they “thought that
some harm could be inflicted on their relatives.” Additionally, the representatives
sustained that “[the alleged] criminalization context and repression of their
colleagues in the OCESP” meant that they had to abandon such organization.
Likewise, the representatives made reference to the moment in which the victims
were unfairly imprisoned in bad confinement conditions, an issue that should be
repaired.
258. The State sustained that, if the Court determines that violations were in fact
committed, “the facts of this case could not give rise, under any circumstances, to
non-pecuniary damages capable of being repaired by means of a sum of money.”
The State sustained that “it does not deny the commendable task the petitioners
could perform in protecting the environment, but said issue is not pending
resolution in the instant case.”
259. The victims were carrying out activities within the framework of OCESP, an
organization of which Mr. Montiel Flores was one of its founders. In his statement
before a notary public, Mr. Cabrera García pointed out that OCESP was formed by
45 people, and that they always met “[m]ainly […] to stop trucks carrying illegal
wood, without a permit.”356 In the public hearing held in this case, Mr. Montiel
Flores similarly stated that “[since] 1995, [when a] foreign company […] came to
Guerrero […] to operate abusively, [they] saw that it was a risk for all the
inhabitants of the region and […] then they start[ed] to get organiz[ed].”357
260. The international case law has repeatedly established that a Judgment
constitutes per se a form of reparation.358 However, in view of the circumstances of
the instant case, the sufferings that the violations have caused to the victims and
the denial of justice, as well as the changes in the standards of living, and the
355
Cf. Case of the "Street Children” (Villagrán Morales et al) V. Guatemala. Reparations and Costs,
supra note 317, para. 84; Case of Rosendo Cantú et al V. Mexico, supra note 30, para. 275; Case of
Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 278.
356
Cf. Statement rendered by Mr. Teodoro Cabrera Garcia before a public notary, supra note 147,
folio 1192.
357
358
Cf. Statement rendered by Mr. Rodolfo Montiel Flores at the public hearing, supra note 177.
Cf. Case of Neira Alegría et al. v. Perú. Reparations and Costs. Judgment of September 19,
1996. Series C No. 29, para. 56; Case of Rosendo Cantú et al V. Mexico, supra note 30, para. 278; and
Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 282.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos