77
262. Relatives of most of the victims experienced severe financial difficulties and a
deterioration in their living standards, since the majority of the victims of the massacre
were the breadwinners. The spouses and partners of the victims were faced with the
responsibility of raising their children. The children of some of the deceased victims were
minors at the time of the events.251 For instance, Cindy Vanessa Morales Póveda was
seventeen days old, and her sister, Sandra Paola, was one year and ten months old252 when
their father Cesar Augusto Morales Cepeda was murdered. Those children grew up without a
father figure by their side.
263. In particular, the Court notes the situation of Mariela Morales Caro. Her murder
caused the disintegration of the family. At the time of the massacre, Mariela was
breastfeeding her son Nicolás Gutiérrez Morales, who was 8 months and 24 days old. Her
other son, Sergio Andrés Gutiérrez Morales, was one year and 8 months old.253 Her partner
Olegario Gutiérrez Cruz stated to this Court that
after the massacre, it was all over, […] the idea of having our kids with us, all of it was over. The
kids were taken to different homes and, naturally, they were not raised like brothers but like
cousins […]254.
*
*
*
264. International jurisprudence has repeatedly established that a judgment constitutes
per se a form of reparation255. However, in view of the circumstances of the instant case,
the suffering that the violations have caused the victims and their next of kin, the changes
in the standards of living of the surviving victims and the next of kin of all the victims, and
in light of the other non-pecuniary consequences they bore, the Court deems it appropriate
to award compensation for moral damages, assessed on equitable grounds.256
251
Children of the deceased victims that were minors at the time of the massacre: Marlon Andrés Vesga
Rosas, son of Gabriel Enrique Vesga Fonseca, was 2 months old (record of evidences to the brief containing
pleadings and motions, volume II, evidence 8, page 2549); Carlos Andrés Mejía Duarte, son of Arnulfo Mejía
Duarte, was 5 months old (record of witness statements and expert reports, page 6925); Anggie Catalina Monroy
Ramírez, daughter of Yul Germán Monroy Ramírez, was 1 year and 1 month old (record of evidences to the brief
containing pleadings and motions, volume III, evidence 12, page 2693); Daniel Ricardo Hernández Martínez and
Julián Roberto Hernández Martínez, children of Luis Orlando Hernández Muñoz, were 10 and 4 years old,
respectively (record of evidences to the brief containing pleadings and motions, volume II, evidence 6, pages 2506
and 2481); Pablo Andrés Beltrán Uribe and Alejandra María Beltrán Uribe, children of Pablo Antonio Beltrán
Palomino, were 10 and 8 years old, respectively (record of evidences to the brief containing pleadings and motions,
volume II, evidence 3, pages 2288 y 2289); and Germán Vargas Herrera and Erica Esmeralda Vargas Herrera,
children of Samuel Vargas Páez, were 15 and 14 years old, respectively (record of evidences to the brief containing
pleadings and motions, volume III, evidence 13, pages 2703 and 2704).
252
Cf. birth Records of Sandra Paola Morales Póveda and Cindy Vanessa Morales Póveda (record of evidences
to the brief containing pleadings and motions, volume III, evidence 11, pages 2651 and 2652).
253
Cf. birth records of Nicolás Gutiérrez Morales and of Sergio Andrés Gutiérrez Morales (record of evidences
to the brief containing pleadings and motions, volume III, evidence 11, pages 2165 and 2168).
254
Cf. testimony offered by Olegario Gutiérrez Cruz in the public hearing before the Inter-American Court
held on January 31 and February 1, 2007.
255
Cf. Case of La Cantuta, supra note 8, para. 219; Case of the Miguel Castro Castro Prison, supra note 8,
para. 431; and Case of Dismissed Congressional Employees (Aguado Alfaro et al.), supra note 16, para. 147.
256
Cf. Case of La Cantuta, supra note 8, para. 219; Case of the Miguel Castro Castro Prison, supra note 8,
para. 431; and Case of Vargas Areco, supra note 8, para. 150.
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