89
Sánchez and to his next of kin by the facts in this case: the physical and
psychological suffering of the deceased victim as a consequence of the tortures and
the extra-legal execution; burial of the mortal remains of Juan Humberto Sánchez at
the place where he was found; arbitrary detention of the father and threats suffered
by the next of kin as part of what happened to the victim, have caused various types
of suffering to the members of his family: daughters, companions, parents and
siblings of the victim.
174. As was proven, Juan Humberto Sánchez suffered, within the context of a
practice of extra-legal executions (supra 70.1), an illegal and arbitrary detention,
followed by torture (supra 70.5, 70.7) and 70.8). It is evidently part of human
nature that any person subjected to torture, such as that committed against Juan
Humberto Sánchez, will experience corporal pain and deep suffering.
175. As this Court has pointed out, said suffering also applies to the closest
members of the family, especially those who had close emotional contact with the
victim. The Court deems that no evidence is required to reach said conclusion.177 As
has been proven in this case, the aforementioned considerations also apply to the
stepfather and the half-siblings of the victim, who as members of an integrated
family maintained close ties with Juan Humberto Sánchez.
176. In addition, prevailing impunity (supra 143) in this case has caused and
continues to cause suffering to the next of kin, making them feel vulnerable and in a
state of constant defenselessness vis-à-vis the State, a situation that causes them
deep anguish, as has furthermore been proven.
177. Taking into account the various aspects of the damage discussed above, the
Court sets the value of compensations for non-pecuniary damage, in fairness, in
favor of the victim or, as appropriate, of his next of kin (infra 178), as listed in the
following table:
Reparations for Non-Pecuniary Damage
Victim and next of kin
Amount
Juan Humberto Sánchez
US$100,000.00
Juan José Vijil
US$20,000.00
María Dominga Sánchez
US$20,000.00
Donatila Argueta Sánchez
US$20,000.00
Velvia Lastenia Argueta
US$5,000.00
Breidy Maybeli Sánchez Argueta
US$20,000.00
Norma Iveth Sánchez Argueta
US$20,000.00
Reina Isabel Sánchez
US$5,000.00
Julio Sánchez
US$5,000.00
María Milagro Sánchez
US$5,000.00
177
Cf. El Caracazo Case, Reparations, supra note 4, para. 50 e); Trujillo Oroza Case, Reparations,
supra note 22, para. 88; and Bámaca Velásquez Case. Reparations, supra note 153, paras. 63 to 65.
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