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the reparations for non-pecuniary damages, as in other cases, recognizing instead
that it is actually an expense that results from the violation of rights, that is, a type
of “consequential damage.” Given that most of these expenses were incurred by the
parents, it is reasonable for this reparation to be given to them, and not individually
to each member of the family.
5.It is important to highlight the decision of the Court that, in addition to
considering the brothers Rafael and Emilio Gómez Paquiyauri as direct victims, it
decided to include the members of their family (parents and siblings) as indirect
victims (paragraphs 118 and 119), due to their subsequent suffering of detriment to
their dignity and right to humane treatment. In this regard, they are justifiably
entitled to reparations for non-pecuniary or moral damages.
I agree with the statement of the Court, in paragraphs 218 and 219 of the judgment,
regarding the need to admit, without requiring further demonstration, the suffering
and distress caused by the death of a next of kin to the members of the family who
had close emotional ties or physical contact with the deceased. All the more so in the
case of the murder of a child. I also share the statement that, nevertheless, in this
case it is difficult to establish or differentiate the degree of suffering or distress of
each member of the household. Therefore, since throughout the proceeding under
international venue it has been clear that the Gómez Paquiyauri family as a whole
has suffered not only the death of their children Rafael and Emilia, but also the
subsequent harassment and infringements, it seems reasonable that reparations for
the moral damages to be given to the parents of the direct victims, for them to
decide on the use or distribution of this amount in favor of the household as a whole.
It is also fully justifiable to have included as victims, entitled to reparation for moral
damages, the child Nora Emely Gómez Peralta, daughter of Rafael Gómez Paquiyauri,
born after his demise, and her mother Jacinta Peralta. Both have undergone special
suffering and distress due to the abrupt loss of Rafael during Jacinta’s pregnancy,
depriving the girl of the presence of her father.
6.Since reparations must not be limited exclusively to aspects pertaining to
property or compensation, it is crucial that the Court included public acts of
satisfaction, redress, and amends to the Gómez Paquiyauri brothers and their family
as part of the reparations. In this regard, we should mention the orders of the Court
for a public act of acknowledgment of responsibility by the State in this case,
publication of the pertinent parts of the judgment that demonstrate the truth of what
happened, naming a secondary school in el Callao after the brothers Rafael and
Emilio Gómez Paquiyauri, or granting a scholarship to the child Nora Emely.
7.I believe that the case of the Gómez Paquiyauri brothers is emblematic
because it exemplifies the grave human rights violations that occurred in Peru as a
consequence of a repressive policy against subversion that disregarded the
fundamental rights and respect for the dignity of the person. The liability of the
State is therefore clear and evident. Thus, in addition to reparations to the victims,
the judgment is significant in its contribution to elucidation of the truth and carrying
out acts and measures that enhance social awareness of the magnitude of the
damage caused, as well as of the need to avoid recurrence of these situations.
The State and Peruvian society must realize and understand that the cruel and
absurd murder of a child and of an adolescent cannot remain in a situation of
impunity, unpunished and without redress.
But it is not merely a matter of
approving or questioning the amount of the property-related reparation imposed by
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