121
Considerations of the Court
260. International case law has repeatedly established that the judgment
constitutes per se a form of reparation.282 Nevertheless, given the grave
circumstances of the instant case, the intensity of suffering caused by the respective
facts to the victim and her next of kin, the alterations to the conditions of existence
of the next of kin and the other non-material or non-pecuniary consequences
suffered by the latter, the Court deems that it must order payment of a
compensation for non-pecuniary damages, in fairness.283
261. In the sub judice case, in setting the compensation for non-pecuniary
damage, the Court takes into account that Myrna Mack Chang was extra-legally
executed in circumstances of extreme violence (supra para. 134.4), for which reason
it is evident that she felt corporal pain and suffering before her death, and this was
aggravated by the climate of harassment at the time.
262. As the Court has pointed out, non-pecuniary damage inflicted on the victim is
evident, at it is part of human nature that every person subject to aggression such as
that committed against Myrna Mack Chang experiences deep moral suffering.284
263. In this regard, the compensation set by the Court for the damage suffered by
Myrna Mack Chang up to the moment of her death must be given in full to the
daughter of the victim, Lucrecia Hernández Mack.
264. In the case of the next of kin, it is reasonable to conclude that the affliction
suffered by the victim extends to the closest members of the family, especially to
those who were in close emotional contact with her. No evidence is required to reach
this conclusion.285 In addition, in the instant case some of the next of kin of Myrna
Mack Chang are victims of violations of various Articles of the American Convention
(supra paras. 218 and 233). To set compensation for non-pecuniary damage, the
next of kin of the victims will be considered in that dual condition, for which reason
the Court deems that:
a)
the threats, intimidation and harassment suffered by the next of kin as
part of what happened to Myrna Mack Chang have been proven, and they
have caused deep suffering to the members of the family, daughter, parents
and siblings and cousin of the victim (supra para. 134.104). Furthermore, the
impunity prevailing in this case has been and continues to be a source of
suffering for the next of kin. It makes them feel vulnerable and in a state of
permanent defenselessness vis-à-vis the State, and this causes them deep
anguish (supra para. 134.105);
282
Cf. Bulacio Case, supra note 9, para. 96; Juan Humberto Sánchez Case, supra note 9, para. 172;
and “Five Pensioners” Case, supra note 9, para. 180.
283
Cf. Bulacio Case, supra note 9, para. 96; Juan Humberto Sánchez Case, supra note 9, para. 172;
and El Caracazo Case. Reparations, supra note 277, para. 99.
284
Cf. Bulacio Case, supra note 9, para. 98; Juan Humberto Sánchez Case, supra note 9, para. 174;
and Trujillo Oroza Case. Reparations, supra note 277, para. 85.
285
Cf. Bulacio Case, supra note 9, para. 98; Juan Humberto Sánchez Case, supra note 9, para. 175;
and Trujillo Oroza Case. Reparations, supra note 277, para. 85.
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