85 equivalent to US $46,871.81 (forty-six thousand, eight hundred and seventy-one dollars of the United States of America and eighty-one cents). Nevertheless, because they cannot show the Court receipts that accredit this amount, they asked the Court to determine, in equity, the amount for loss of earnings. 274. The Court observes that the representatives did not present any documentation or evidence to authenticate the alleged emerging damage or the lost of income suffered by Mrs. Rosendo Cantú. Notwithstanding, the Court notes that Mrs. Rosendo Cantú stopped working in the harvest because she feared acts of violence and because of her search for justice in the case. As a consequence, it is foreseeable that the effects of the rape caused her to be inactive for some time. For the abovementioned, the Court decides to fix, in equity, the amount of US US$5.500,00 (five thousand and five hundred dollars of the United States of America) or its equivalent in Mexican pesos, for the loss of income of Mrs. Rosendo Cantú. This amount should be given to Mrs. Rosendo Cantú in the time period fixed by the Court for this purpose (infra para. 287). ii) Non-pecuniary damage 275. The Court has developed in its jurisprudence the concept of non-pecuniary damage and the assumptions under which it must be compensated. The Court has established that non-pecuniary damage “may include the suffering and distress caused to the direct victims and their next of kin, the impairment of values that are highly significant to them, and other alternations, of a non-pecuniary nature, in the living conditions of the victim or his family.”294 276. The Commission asked the Court to establish in equity the amount of the compensation for non-pecuniary damage, based on the nature of the case and the gravity of the damage suffered by the victims and their next of kin. 277. The representatives indicated that the rape of Mrs. Rosendo Cantú resulted in numerous devastating effects on her life. To which they mentioned the permanent state of pain, sadness, guilt, and anxiety of the victim, caused by the rape itself and because of the stigmatization and abandonment of her husband as well as of her community, as well as the defenselessness and despair felt due to the lack of justice. Moreover, the stigmatization has caused her feelings of defenselessness and total vulnerability, which caused her to live traumatic moments and provoked her uproot from the community. Similarly, the lack of sensibility with which she was treated by officials who attended to her, the impunity, and the fact that the case went before the military forum have heightened her feelings of impotence, anguish, and sadness. Likewise, the representatives expressed that the girl Yenys Bernardino Rosendo, has also been subjected to serious harm as a result of what happened. Given the aforementioned, they requested that the State of Mexico order compensation for the harm caused to Mrs. Rosendo Cantú and her daughter and that economic reparation be determined in equity. 278. International jurisprudence has repeatedly established that the Judgment may constitute per se a form of reparation.295 However, considering the circumstances of the case sub judice, the sufferings that the violations committed caused the victims, as well as the alterations in their living conditions, and the other consequences of an immaterial 294 The “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of May 26, 2001. Series C No. 77, para. 84; Case of Chitay Nech et al., supra note 25, para. 273, and Case of Manuel Cepeda Vargas, supra note 25, para. 242. 295 Cf. Case of Neira Alegría et al. v. Perú. Reparations and Costs. Judgment of September 19, 1996. Series C No. 29, para. 56; Case of Chitay Nech et al., supra note 25, para. 275, and Case of Manuel Cepeda Vargas, supra note 25, Operative Paragraph 7.

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