know the whereabouts of José Carlos, which causes them suffering and
serious distress;
c)
with regard to Gladys Oroza de Solón Romero, she has spent the last
30 years seeking justice and the remains of her son. As a consequence, Mrs.
Oroza and her family have been the victims of harassment and threats.
Gladys Oroza had to see the victim who showed signs of torture when he was
detained in the El Pari prison and felt impotent in the face of the State’s
evasive and contradictory responses.
The permanent distress she has
endured since 1971 has affected her health, and she has had to receive
continuous medical treatment to control her emotional stress level. They
claim a compensation of US$100,000.00 (one hundred thousand United
States dollars) for the prolonged suffering;
d)
in the case of Walter Solón, he assumed responsibility for bringing up
José Carlos Trujillo Oroza when the latter was three years of age; and he was
also a good friend and mentor to the victim. After José Carlos Trujillo Oroza
disappeared, he devoted himself to providing moral and financial support to
Gladys Oroza de Solón Romero in all her efforts to see that justice was done
and recover the remains of her son. Accordingly, they claim a compensation
of US$50,000.00 (fifty thousand United States dollars). Since Walter Solón is
now dead, they request that this amount should pass to his heirs, in
accordance with the respective Bolivian legislation;
e)
with regard to Pablo Erick and Walter, both of them Solón Romero
Oroza, they were 15 and 12 years of age, respectively, when their elder
brother was detained and disappeared and, at such a young age, they found
it very difficult to cope with what happened. In addition to their own
suffering, they were affected by their mother’s suffering. As adults, they have
supported their mother in her efforts to see that justice is done and to
discover the truth. Compensation of US$50,000.00 (fifty thousand United
States dollars) is claimed for each of them, for the suffering they endured;
and
f)
reparation for the forced disappearance of José Carlos Trujillo Oroza
should not be limited to compensation for the loss of earnings, the
consequential damage and the non-pecuniary damage suffered by the victim’s
next of kin, because none of these items compensates the value of life itself.
There is a value that can be attributed to the life of each person that
transcends these items, from which is derived a right that is distinct from the
rights of the next of kin, and violation of this right gives rise to an
independent obligation to repair. The guarantee of the right to life embodied
in the Convention requires that this be granted an autonomous value. They
requested that Bolivia should grant compensation to José Carlos Trujillo
Oroza’s mother and brothers for the violation of his right to life, and
established a symbolic value of US$100,000.00 (one hundred thousand
United States dollars).
79.
In view of the foregoing, the representatives of the victim and his next of kin
consider that the State should pay the amounts indicated in the following table:
Reparation for non-pecuniary damage