Luis Eduardo Casierra Quiñonez “gives the right to compensation.” They indicated that said
victim did not have children or a wife, so the direct beneficiary is his mother, María Quiñonez
Bone. They added that Andrés Alejandro and Sebastián Darlin Casierra Quiñonez "were
emotionally devastated." Similarly, it is necessary to consider the non-pecuniary damage
suffered by the entire family. They requested the amount of USD$30,000.00 (thirty thousand
U.S. dollars) for each of the victims.
238. They stated that the human rights violations committed by state agents affected the
entire family, which is related to the personal fulfillment of each of its members, clearly
affecting their life project. They requested that the Court estimate in equity the amount of the
reparations for that item.
239. The State indicated that, if compensation for non-pecuniary damage is granted, the
amount must be adjusted to international standards in analogous cases. It requested that the
claim of the representatives for compensation for damages to the life project not be granted,
given that it lacks grounds.
240. Regarding non-pecuniary damage, the Court has established that it can include both the
pain and suffering caused to a direct victim and his or her relatives, as well as the impairment
of very significant values for people, as well as non-pecuniary alterations to the conditions of
existence of the victim or their family.177
241. Given the circumstances of this case, the violations committed, the suffering caused, the
time that has elapsed, and the impact on the life project of each of the victims, the Court
establishes, in equity, compensation for non-pecuniary damages. As for Luis Eduardo Casierra
Quiñonez, an amount of USD $50,000.00 (fifty thousand United States dollars) is set, which
must be paid to his mother, María Ingracia Quiñonez Bone. Similarly, payment of
USD$30,000.00 (thirty thousand U.S. dollars) is ordered for Andrés Alejandro Casierra
Quiñonez, and USD$20,000.00 (twenty thousand U.S. dollars), to Sebastian Darlin Casierra
Quiñonez.
242. Lastly, in view of the proven violations as a result of the death of Luis Eduardo Casierra
Quiñonez, the Court establishes, in equity, the sum of USD$15,000.00 (fifteen thousand U.S.
dollars) to each of the following people: María Ingracia Quiñonez Bone, Cipriano Casierra
Panezo, Jonny Jacinto Casierra Quiñones, and Shirley Lourdes Quiñonez Bone. Because Mr.
Casierra Panezo passed away, the corresponding amount must be distributed in the following
manner: a) fifty percent (50%) to Ms. María Ingracia Quiñonez Bone, and if she is already
deceased, her corresponding portion will increase the amounts to be paid to the sons and
daughters of Mr. Casierra Panezo, as indicated in the subsection below, and b) the remaining
fifty percent (50) will be distributed in equal parts among the daughters and sons of Mr.
Casierra Panezo, and if one or several of said persons have already died, the part that
corresponds to such person will increase that corresponding to the other sons and daughters.
H. Victims’ Legal Assistance Fund
243. Through an Order of December 8, 2021, the Court's president declared application of the
Legal Assistance Fund for Victims of the Court (hereinafter, “the Fund”), in accordance with article
four of the Memorandum of Understanding between the Inter-American Court and the InterAmerican Association of Public Defenders.
244. Despite the fact that the aforementioned Resolution by the Court’s President of December
8, 2021 established that the Inter-American Public Defenders should send, at the latest date,
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 26, 2001. Series C No. 77, para. 84, and Case of Palacio Urrutia et al. v. Ecuador, supra, para. 198.
177
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