93
their forced disappearance, owing to the lack of support from the State authorities in
the effective search for the disappeared; the stigmatism of being seen as the next of
kin of “subversives,” and the fear to begin searching for their family members. Since
Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, and Rodolfo and Benjamín
Ramírez Villalba are still disappeared, the next of kin have not been able to honor
their loved ones appropriately. The absence of a complete and effective investigation
into the facts and the impunity constitute a source of additional suffering and
anguish for the next of kin. Also, some of the next of kin have had to live in exile as
a result of the facts. All the above, in addition to affecting their mental integrity, has
had an impact on their social and labor relations and altered the dynamics of their
families (supra paras. 95 to 104).
159. Regarding the next of kin of Agustín Goiburú Giménez, Carlos José Mancuello
Bareiro, and Rodolfo and Benjamín Ramírez Villalba, the Court repeats that the
suffering caused to the victim “extends to the closest members of the family,
particularly those who were in close affective contact with the victim.”98 The Court
has also considered that the suffering or death – in this case, the forced
disappearance – of a person causes non-pecuniary damage to his daughters, sons,
wife or companion, mother, father, and sisters and brothers, which does not have to
be proved.99 Furthermore, other circumstances have been proved that have
increased the violation of the right to humane treatment of the next of kin of the
victims, before and after their detention and disappearance.
160. International case law has established repeatedly that the judgment
constitutes per se a form of reparation.100 Nevertheless, owing to the gravity of the
facts of the instant case and the situation of impunity, the intensity of the suffering
caused to the victims, the alterations in their living conditions, and the other
consequences of a non-pecuniary nature, the Court deems it necessary to order the
payment of compensation for non-pecuniary damage, based on the equity
principle,101 which must be delivered as stipulated in paragraphs 147 to 149 of this
judgment, and according to the following parameters:
(a)
For Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, and
Rodolfo and Benjamín Ramírez Villalba, the Court establishes the amount of
US$50,000.00 (fifty thousand United States dollars) each;
(b)
For the immediate family of Agustín Goiburú Giménez, Carlos José
Mancuello Bareiro, and Rodolfo and Benjamín Ram��rez Villalba, who are also
victims, the Court considers that the corresponding damage must be
compensated by the payment to them of the amounts indicated below:
98
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 132(b);
Case of the Pueblo Bello Massacre, supra note 5, para. 257, and Case of the Serrano Cruz Sisters, supra
note 68, para. 159.
99
Cf. Case of the Ituango Massacres, supra note 1, para. 386; Case of the Pueblo Bello Massacre,
supra note 5, para. 257, and Case of the 19 Tradesmen, supra note 60, para. 229.
100
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 131; Case
of the Ituango Massacres, supra note 1, para. 387, and. Case of Baldeón García, supra note 6, para. 189.
101
Cf. Case of the Ituango Massacres, supra note 1, para. 390; Case of the Pueblo Bello Massacre,
supra note para. 258, and Blanco Romero et al. case, supra note 92, para. 87.
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