111 Court deems it appropriate to order the payment of compensation, in equity, for non pecuniary damage.194 269. In order to fix the amount of compensation for non pecuniary damage in the instant case, it should be taken into consideration that, pursuant to the acknowledgement of the facts prior to September 2000 made by the State, it was proven that Wilson García-Asto and Urcesino Ramírez-Rojas were subjected to a special detention regime during their first year in prison, they remained in custody for a long time, they had been arrested without an arrest warrant or without being in flagrante delicto, they had to endure harsh detention conditions, and they did not have a due process of law. The Court considers that it can be presumed that such violations cause moral damage to those who suffer them.195 270. In view of the foregoing, the Court deems it appropriate to fix, in equity, the amount of US $ 40,000.00 (forty thousand United States dollars) as compensation for the non pecuniary damage caused, to be paid to each of the victims, i.e. Wilson García-Asto and Urcesino Ramírez-Rojas. 271. Furthermore, the Court deems it appropriate to fix, in equity, an additional sum to be paid to Urcesino Ramírez-Rojas as non pecuniary damage, amounting to US $ 10,000.00 (ten thousand United States dollars,) taking into consideration the detention conditions he had to endure and the fourteen years during which he was arbitrarily deprived of his liberty. 272. As regards Wilson García-Asto’s next of kin, the detention and trial against him caused his parents, Napoleón García-Tuesta and Celia Asto-Urbano, and his siblings Elisa and Gustavo, great suffering, distress, and pain; causing a serious alteration of their living conditions to their detriment (supra paras. 97(62) and 97(63)). Particularly, Wilson García-Asto’s mother and sister were actively involved in the efforts to get him out of jail (supra para. 97(62)). 273. Based on the foregoing, the Court considers that Wilson García-Asto’s next of kin must receive compensation. Therefore, the Court fixes, in equity, the amount of US $ 25,000.00 (twenty-five thousand United States dollars) to be paid to Celia AstoUrbano; the amount of US $ 25,000.00 (twenty-five thousand United States dollars) to be paid to Napoleón García-Tuesta; the amount of US $ 15,000.00 (fifteen thousand United States dollars) to be paid to Elisa García-Asto; and the amount of US $ 15,000.00 (fifteen thousand United States dollars) to be paid to Gustavo García-Asto. 274. As regards Urcesino Ramírez-Rojas’ next of kin, his detention and trial caused suffering, distress, and pain to his mother María Alejandra Rojas (deceased), as well as to his siblings: Santa, Pedro, Filomena, Julio, Obdulia, Marcelino, and Adela Ramírez194 Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 285; Case of Raxcacó-Reyes, supra note 10, para. 131; and Case of Gutiérrez-Soler, supra note 6, para. 83. 195 Cf. Case of De La Cruz-Flores, supra note 4, para. 160; Case of Tibi, supra note 142, para. 244; Case of the “Juvenile Reeducation Institute,” supra note 144, para. 300; and Case of the Gómez-Paquiyauri Brothers, supra note 142, para. 217.

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