68
convenient to determine payment of a compensation, set with equity, for nonpecuniary damages.
181. This Tribunal acknowledges that a non-pecuniary damage has been caused to
Reyes Servellón Santos, Bricelda Aide García Lobo, Marja Ibeth Castro García,
Manases Betancourth Núñez, Hilda Estebana Hernández López, Ana Luisa Vargas
Soto, Zara Beatris Bustillo Rivera, and Dilcia Álvarez Ríos.
182. In consideration of the different aspects of the damage argued by the
Commission and the representatives, regarding Marco Antonio Servellón García,
Rony Alexis Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García
Sánchez, the Court takes into consideration, for the determination of the
compensation for the concept of non-pecuniary damage, the suffering of the victims
upon being illegally and arbitrarily arrested, that their rights to an effective recourse
were not respected during their confinement, that they were submitted to torture,
cruel, inhuman, or degrading treatments, and they were later extra judicially killed,
situation that was aggravated by the context in which the facts occurred. Besides,
this Court takes into consideration the particularly traumatic circumstances of their
death, which is made worse in relation to the two underage victims, Marco Antonio
Servellón García and Rony Alexis Betancourth Vásquez (supra paras. 79(8) through
79(13) and 79(14) through 79(18)), since it is presumed that the suffering caused
by the facts of the case assumed characteristics of a special intensity with regard to
said minors.108
183. Similarly, in what refers to Reyes Servellón Santos, Bricelda Aide García Lobo,
and Marja Ibeth Castro García, next of kin of Marco Antonio Servellón García;
Manases Betancourth Núñez, Hilda Estebana Hernández López, Zara Beatris Bustillo
Rivera, and Ana Luisa Vargas Soto, next of kin of Rony Alexis Betancourth Vásquez,
and Dilcia Álvarez Ríos, sister of Orlando Álvarez Ríos, the Tribunal, for the
determination of the compensation for non-pecuniary damages, considers the
suffering caused to these with the facts related to the arrest, torture, cruel,
inhuman, and degrading treatment, and the extrajudicial killing of their loved ones.
184. In consideration of the aforementioned, the Court considers it convenient to
determine payment of a compensation, set in equity, for non-pecuniary damages in
the following terms:
a)
for Marco Antonio Servellón García, Rony Alexis Betancourth Vásquez,
Orlando Álvarez Ríos, and Diomedes Obed García Sánchez, the Court sets the
amount of US$25,000.00 (twenty five thousand dollars of the United States of
America) for each of them;
b)
for Marco Antonio Servellón García and Rony Alexis Betancourth
Vásquez, who were underage at the time of the facts, this Court sets an
additional amount of US$5,000.00 (five thousand dollars of the United States
of America) for each of them. Therefore, the compensation for damages
referred to in the previous paragraph, will be added to the aforementioned
amount;
108
Cfr. Case of the Ituango Massacres, supra note 3, para. 390(b); and Case of the Pueblo Bello
Massacre, supra note 7, para. 258(b).