36
impotence in the face of the public authorities' failure to investigate.”48 The victims’
next of kin will be considered in this dual condition for purposes of setting the
compensation regarding this item.
69.
The forced disappearance of the child Marco Antonio Molina Theissen caused
his mother, Emma Theissen Álvarez Vda. de Molina, his father Carlos Augusto Molina
Palma and his sisters Ana Lucrecia Molina Theissen, María Eugenia Molina Theissen
and Emma Guadalupe Molina Theissen, deep grief, suffering, and feelings of guilt
(supra paras. 37(10), 30(a), 30(b), 30(c) and 30(d)). The facts in the instant case
and the subsequent exile of the Molina Theissen family also altered the conditions of
its members’ lives; his parents stopped working to focus exclusively on finding their
son; his sisters also gave up their jobs and their studies; the family felt constant
danger due to the persecution it suffered. The victim’s parents and sisters were
forced to leave Guatemala toward different countries, which for them meant
abandoning the search for Marco Antonio, their next of kin, friends and colleagues at
work, roots and belongings, and reestablishing themselves in a different society
(supra paras. 37(8) and 37(9)). Furthermore, as was demonstrated at the public
hearing (supra paras. 11 and 30(a), 30(b), 30(c) and 30(d)), the Molina Theissen
family was deeply united and there was a strong relationship and affection between
the parents and the sisters and among the latter. Their separation, together with
the guilt they felt for Marco Antonio’s disappearance, broke up the household.
Finally, prevailing impunity in this case has been and continues to be a source of
suffering for the next of kin (supra paras. 37(10), 37(11), 30(a), 30(b), 30(c) and
30(d)). The circumstances described caused the members of the Molina Theissen
family to suffer psychological problems, for which reason some of them have
undergone treatment (supra para. 37(12)).
70.
Based on all the above, this Court finds that the non-pecuniary damage
suffered by Marco Antonio Molina Theissen’s next of kin has been fully proven.
Therefore, this Court deems that they must receive compensation for it, and for this
it sets the amount, in fairness, at US $275,000.00 (two hundred and seventy-five
thousand United States dollars), which must be distributed in equal parts among
Emma Theissen Álvarez Vda. de Molina, Carlos Augusto Molina Palma, deceased, Ana
Lucrecia Molina Theissen, María Eugenia Molina Theissen and Emma Guadalupe
Molina Theissen. The amount set for the victim’s father must be given to his next of
kin, pursuant to paragraph 51 of the instant judgment.
71.
Taking into account the statements of the victim’s next of kin (supra paras.
30(a), 30(b), 30(c) and 30(d)), and the expert opinions of Carlos Martín Beristain
(supra para. 30(f)) and Alicia Neuburger (supra paras. 30(g)), there is evidence to
establish that the psychological ailing of Marco Antonio Molina Theissen’s next of kin,
which originated both in what happened to him and in the situation of impunity that
persists in the instant case, continues to date. Therefore, this Court, as it has done
before,49 deems that compensation for non-pecuniary damages must also include an
amount for future psychological treatment expenses.
48
Case of Blake, January 24, 1998 Judgment. Series C No. 36, para. 114; and See Case of “Street
Children” (Villagrán Morales et al.). November 19, 1999 Judgment. Series C No. 63, para. 173.
49
See Case of Myrna Mack Chang, supra note 2, para. 266; and Case of Bulacio, supra note 2,
para. 100.
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