47
c)
the next of kin of Mr. Santiago Gómez-Palomino suffered pecuniary
damages due to the forced disappearance of the victim, whose contribution
to support his mother and his family was significant. Particularly, Mrs.
Victoria Margarita Palomino-Buitrón had to absorb considerable and decisive
pecuniary losses, and in addition she had also to assume responsibility for
the upbringing and education of the posthumous daughter of Mr. GómezPalomino. The Court must determine, on equitable grounds, the amount of
the corresponding pecuniary damages;
As regards non pecuniary damage:
d)
the instant case thoroughly reflects the significance of the suffering
and distress the forced disappearance of a beloved person, and the
uncertainty about his death, cause the next of kin;
e)
the next of kin of Mr. Santiago Gómez-Palomino suffered his loss
under violent circumstances, with the attending anguish and uncertainty
arising from their ignorance as to the whereabouts of their beloved one. In
addition to the foregoing, the complete impunity following his forced
disappearance, as well as the lack of effective measures aimed at identifying,
prosecuting and punishing the perpetrators, magnifies the suffering of the
victim’s next of kin;
f)
the Court must order the State to pay a compensation for the non
pecuniary damage, based on equitable principles and taking into account the
characteristics which have attended the circumstances surrounding the
forced disappearance of the victim, the significance of the suffering inflicted
by each of the events on the victim and on his next of kin, and the
disturbance of the living conditions of the latter;
As regards other types of reparations
g)
The Court must order the State:
i)
to adopt any measures necessary to locate the place where
Santiago Gomez-Palomino is interred, so that his next of kin may
complete their mourning for the disappearance of their beloved, thus
making it possible, to a certain extent, to make reparations for the
damage inflicted;
ii)
to complete a thorough court investigation of the issues of fact
in the instant case, whereby all those responsible, whether actual
perpetrators or instigators, be identified and punished;
iii)
to communicate the outcome of the legal proceedings to the
general public in order to allow the victim’s next of kin and the whole
of Peruvian society to exercise their right of to know the truth;
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