40
97.
In her testimony during both the merits and the reparation stages, María
Ildefonsa Morales de Paniagua indicated that she suffered from various ailments as a
result of the death of her daughter, which required medical treatment; however, she
submitted no evidence.
98.
The next of kin of Anna Elizabeth Paniagua Morales have also asked to be
reimbursed for the expenses incurred for transport and visits to public institutions to
search for the victim, the funeral and the expenses corresponding to the transfer of
the next of kin to the United States and Canada. Also, the loss of earnings and
education suffered by the victim’s brother, German Giovanni Paniagua Morales,
owing to his relocation to Canada. On previous occasions, this Court has granted
expenses corresponding to the search for the victim and relocation outside the
country30.
99.
The Court considers that it is not possible to establish a relationship of cause
and effect between the fact and the alleged consequences suffered by the brother,
German Giovanni, with regard to his occupation and academic preparation.
However, the Court considers that, in real terms, there was a general damage to the
patrimony of the family group owing to what happened to the victim for reasons that
may be attributed to the State, which caused the family financial, health and other
types of problems for which, in fairness, reparation must be made31.
100. The Court bears in mind that, as the State indicated, the evidence submitted
to support the calculation of the damage caused to the victim’s family is neither
sufficient nor conclusive, since it is based on various testimonies given by the
members of the family themselves (supra 100). Considering this, the Court, in
fairness, establishes the amount of US$10,000.00 (ten thousand United States
dollars) for this concept, which will be delivered to María Ildefonsa Morales Chávez,
as the victim’s mother, so that she may distribute it in accordance with the different
expenses that the family incurred.
*
*
*
Non-pecuniary damage
The arguments of the next of kin
101. The victim’s next of kin requested the sum of US$125,000.00 (one hundred
and twenty-five thousand United States dollars) for non-pecuniary damage and
indicated that the following factors had been taken into account when calculating
this:
a)
the physical pain and emotional suffering of the victim, caused by the
torture to which she was submitted;
30
Blake case, Reparations, supra note 21, paras. 48 and 49; and Castillo Páez case, Reparations,
supra note 2, para. 77.
31
Cf. Castillo Páez case, Reparations, supra note 2, para. 76.
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