system of human rights and the particular circumstances of the case, Azul Rojas Marín be awarded US$60,000 as reparation for non-pecuniary damage.” 264. The representatives also asked that the Court consider the “suffering of her mother,” which was not only “the result of the suffering of her daughter” but also owing to the “lack of justice” and “the discrimination and stigma that were always present” up until the day of her death. On this basis, the representatives requested “payment of US$40,000 for non-pecuniary damage” in favor of Juana Rosa Tanta Marín. 265. The State argued that “in this case, the State’s responsibility for [the violation of the Convention] to the detriment of Azul Rojas Marín has not been proved, so that it is not appropriate [that the Court take into account the suffering caused by the alleged violations].” It also noted that the representatives had requested US$40,000 for Juana Rosa Tanta Marín.” In this regard, it considered “that in the most recent case law, for example in the case of Women Victims of Sexual Torture in Atenco v. Mexico, the Court had established reparations for non-pecuniary damage in favor of the mothers of some of the victims that was considerably less than forty thousand dollars.” Therefore, the State asked the Court to take this situation into account. 266. In this judgment, the Court has considered proved that Ms. Rojas Marín and her mother suffered profound anguish (supra paras. 139 to 160 and 221 to 223). Also, the psychosocial appraisal of Ms. Rojas Marín determined that “following the acts of violence she reported, [Ms. Rojas Marín’s] life changed drastically. The fact that she had been detained, tortured and raped in a police station harmed her physical and mental health. The stressors are still present because, following the events, she started out on a long road to seek justice and, on the way, she has experienced situations of abuse, revictimization and discrimination owing to her sexual orientation.”311 Also, the psychosocial appraisal of Juana Rosa Tanta Marín determined that she ‘had major chronic depression […] given the particular nature of the relationship that Juana had with her [daughter], the traumatic incident had a devastating impact on her psyche, clearly destroying one of her emotional supports in life.”312 267. Taking these expert appraisals into account, the Court finds that both Ms. Rojas Marín and Mrs. Tanta Marín suffered serious moral harm. Consequently, based on the circumstances of this case and the violations declared, the Court finds it pertinent to establish, in equity, the sum of US$60,000.00 (sixty thousand United States dollars) for non-pecuniary damage in favor of Azul Rojas Marín. In the case of Juana Rosa Tanta Marín, the Court establishes, in equity, as pecuniary reparation for the non-pecuniary damage, the sum of US$15,000.00 (fifteen thousand United States dollars). The payment of Juana Rosa Tanta Marín’s compensation shall be made directly to her heirs, pursuant to applicable inheritance laws. F. Other measures requested 268. The Commission asked the Court to require the State to ensure that article 205 of the Code of Criminal Procedure was not applied in an abusive and discriminatory manner by the police authorities. The representatives asked the Court to require the State: (i) to provide Ms. Rojas Marín with a “university grant to cover the costs of the professional career that Azul chooses”; (ii) to facilitate the change of identity of Azul Rojas Marín; (iii) to broadcast a radio and television program; (iv) to place a commemorative plaque in the Casa Grande Police Station; (v) to implement educational guidelines to prevent and eradicate discrimination and violence against LGBTI people through the Ministry of Education; (vi) to amend article 205 of 311 Cf. Psychological report of March 20 and 21, 2015 (evidence file, folio 2420). 312 Cf. Psychological report of March 20, 2015 (evidence file, folio 2428). 68

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