83
to non-pecuniary damage, it can only be compensated, for the purpose of full reparation to the
victim, by paying an amount of money or delivering goods or services measurable in money,
that the Court determines in reasonable application of judicial arbitration and in terms of
equity.324
333. Considering that Noel Emiro Omeara Carrascal, as a result of the attack that occurred,
suffered a series of damages related to the injuries caused and his subsequent death, as well
as considering the violations declared in this judgment, the Court establishes, in equity, the
amount of USD $80,000.00 (eighty thousand United States dollars) for non-pecuniary damage.
334. Regarding Manuel Guillermo Omeara Miraval, as he suffered specific attacks on his rights
to legal personality, life, humane treatment and personal liberty, being a victim of forced
disappearance and extrajudicial execution, the Court estimates the amount, in fairness, of
USD $100,000 .00 (one hundred thousand United States dollars) for non-pecuniary damage.
335. With regard to Héctor Álvarez Sánchez, as a result of the attack he suffered a series of
damages related to the injuries caused, as well as in consideration of the violations declared in
this judgment, the Court sets, in equity, the amount of USD $70,000.00 (seventy thousand
United States dollars) for non-pecuniary damage.
336. The amounts established for non-pecuniary damage in favor of the three aforementioned
victims must be delivered to their next of kin following the criteria established in paragraph 327
of this judgment.
337. The analysis of the damages caused to the next of kin of Messrs. Omeara Carrascal,
Omeara Miraval and Álvarez Sánchez must take into account the violations declared in this case
related to violations of the rights to a fair trial and judicial protection resulting from the way in
which the State has carried out the investigation of the facts, as well as the right to humane
treatment and protection of the family on suffering the loss of their next of kin. The Court
determines, in fairness, the sum of USD $20,000.00 (twenty thousand United States dollars) for
each of the following victims: Jaime Antonio Omeara Miraval, Luis Enrique Omeara Miraval, Aura
Isabel Omeara Miraval, Noel Emiro Omeara Miraval, Araminta Omeara Miraval, Ricaurte Omeara
Miraval, Eduardo Omeara Miraval, Zoila Rosa Omeara Miraval, Liliana Patricia Omeara Miraval,
María Omeara Miraval, Elva María Solano de Álvarez, Judith Álvarez Solano, Miguel Ángel Álvarez
Solano, Héctor Manuel Álvarez Solano, Clemencia Patricia Álvarez Solano, Juan Carlos Álvarez
Solano, and Ana Edith Álvarez de García. In the event of the death of any of the named persons,
the amounts established for non-pecuniary damage in favor of the aforementioned persons must
be delivered to their next of kin following the criteria established in paragraph 327 of this
judgment.
338. The damage caused to Fabiola Álvarez Solano and Carmen Teresa Omeara Miraval is
due to the violations of their rights to a fair trial and judicial protection, to humane treatment,
to the protection of the family and to freedom of movement and residence, due to the suffering
for the loss of their loved ones, in addition, the State has not carried out the investigation of
the facts of the forced displacement. Therefore, the Court determines, in fairness, for each of
them the sum of USD $25,000.00 (twenty-five thousand United States dollars) for nonpecuniary damage. In the event of the death of any of the named persons, the amounts
established for non-pecuniary damage in favor of the aforementioned persons must be delivered
to their next of kin following the criteria established in paragraph 327 of this judgment.
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs, para. 84,
and Case of López Soto et al. v. Venezuela, supra, para. 372.
324