122
b)
with respect to Lucrecia Hernández Mack, daughter of the victim
(supra paras. 134.103 and 243), this Court notes that she was 16 years old at
the time her mother was murdered, and she depended on her emotionally and
financially, as she did not live with her father. She experienced a traumatic
situation due to the unexpected loss of her mother, which caused her deep
grief and sadness that still affect her life. She is hurt by the absence of her
mother because at certain moments in her life, such as academic ones or
motherhood, she feels the need to have her close to share their concerns and
receive advice. She is also very concerned about her family and in constant
fear of losing another beloved one. On the other hand, as regards the
criminal proceeding, its constant delays have been frustrating for her and,
especially, the fact that there is still impunity for those responsible makes her
feel very insecure (supra para. 127.c). Due to all the above, this Court deems
that she must be compensated for non-pecuniary damage;
c)
with respect to Yam Mack Choy, the deceased father of the victim, and
Zoila Chang Lau, mother of the victim, attention must be paid to the fact that
the Court assumes that the death of a person causes non-pecuniary damage
to the parents, for which reason it is not necessary to prove this.286 As this
Court has stated before, “we can admit the presumption that the parents have
suffered mentally for the cruel death of their children, since it is human
nature that every person feels pain in the face of the suffering of a child.”287
In the instant case, Yam Mack Choy, after the death of her daughter, in
addition to the grief that this caused her, suffered physical illnesses that
damaged his health and put an end to his life. The mother of the victim, in
turn, has suffered deep grief, which she tried to express as follows in her
sworn statement:
To recall my daughters death means to continue asking: why did they kill her?,
if she was always good, intelligent, and studious, with high ideals and without
personal ambitions. Her friends have always expressed the warm feelings and
affection they felt for her and they all agree that she always showed great
solidarity, that she struggled for the truth and for the neediest, and therefore I
still do not understand why she died.
I have dreamt of her several times, this has always heartened me a little
because I feel that it is a way to keep in touch, but I also suffer very much
when I do not dream of her because I feel that she is far away and I become
very sad.
I never thought that one of my children would die before me, her death has
been a very harsh blow for me because I feel that I did not protect her
enough. I ask myself why I did not realize that something was wrong, I should
have told her to go travel for some time, while the bad times passed, I do not
know, something could have been done to avoid what happened. It is not fair
that they killed her if she was so good.
After Myrna’s murder, my husband suffered a terrible disappointment in the
way he thought about our country; like myself, he did not understand how that
could have happened to his daughter. He began to have health problems,
suffered deep depressions, and I suspect that it was the death of his oldest
286
Cf. Trujillo Oroza Case. Reparations, supra note 277, para. 88 a); Cantoral Benavides Case.
Reparations, supra note 248, paras. 37 and 61 a); and “Street Children” Case (Villagrán Morales et al.).
Reparations, supra note 277, para. 66.
287
Cf. Trujillo Oroza Case. Reparations, supra note 277, para. 88 b); Castillo Páez Case.
Reparations (Art. 63(1) American Convention on Human Rights). Judgment of November 27, 1998. Series
C No. 43, para. 88; and Loayza Tamayo Case. Reparations (Art. 63(1) American Convention on Human
Rights). Judgment of November 27, 1998. Series C No. 42, para. 142.
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