33 111. In its brief of November 26, 1997, the Commission invoked the violation of Article 5 of the Convention (supra 34). The Government, in its brief of December 10, 1997, replied to that allegation that it had already been settled in the judgment on preliminary objections (operative paragraph 1) of the Court (supra 35). * * * 112. The Court considers that the fact that the allegation of violation of Article 5 of the Convention was not included in the brief containing the Commission's application, but only in its final pleading, does not prevent this Tribunal from considering that allegation in the merits of this case, in accordance with the principle of jura novit curia. 113. In the course of the public hearing held at the seat of the Court on April 17, 1997, Mr. Samuel Blake testified that ever since his brother's disappearance he has had a serious depression, from which he was still suffering, and had spent a great deal of money on psychiatric consultations and on medication; he went on to say that every day of his life was a veritable struggle and that he has had great difficulty in overcoming the situation. He said that his brother's disappearance had seriously affected the lives of the entire family. 114. This matter raised by the Commission may only be examined in connection with Mr. Nicholas Blake's relatives, since the violation of those relatives' mental and moral integrity is a direct consequence of his forced disappearance. The circumstances of such disappearances generate suffering and anguish, in addition to a sense of insecurity, frustration and impotence in the face of the public authorities' failure to investigate. 115. Moreover, the burning of Mr. Nicholas Blake's mortal remains to destroy all traces that could reveal his whereabouts is an assault on the cultural values prevailing in Guatemalan society, which are handed down from generation to generation, with regard to respecting the dead. The burning of the victim's remains by members of the civil patrol on the orders of a member of the Guatemalan army (supra para. 57 (e), (f) and (g)) increased the suffering of Mr. Nicholas Blake's relatives. 116. Consequently, the Court considers that such suffering, to the detriment of the mental and moral integrity of Mr. Nicholas Blake's relatives, constitutes a violation by the State of Article 5 of the Convention in relation to its Article 1(1). XVII APPLICATION OF ARTICLE 63(1) 117. Article 63(1) of the American Convention establishes that [i]f the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party shall be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 118. The Commission requested the Court to determine that Guatemala "must pay full compensation to Nicholas Chapman Blake's relatives for the grave material, and moral, damage sustained as a consequence of the multiple