21 b) The suffering caused by the cruel, inhuman and degrading treatment that agents of the Peruvian State unjustly inflicted upon the victim caused him irreversible harm; c) the moral pain and suffering caused to Mr. Cantoral Benavides and his family can only be redressed through payment of a monetary compensation, determined on the basis of the principle of equity. The Commission is in agreement with the statements and requests made by the victim’s representatives in this regard; and d) The compensation that the victim’s representatives are seeking for the injury to Luis Alberto Cantoral Benavides’ life plan is a legitimate request. The State’s arguments44 56. At the public hearing, the State requested that when estimating the reparations relating to the victim’s interrupted studies and career, the harm to his life plan, moral damages and the indirect and consequential damages (damnum emergens), the Court rely on its just and judicious case-law, which is based on the principles of reasonability and proportionality. The State understands the victim’s unwillingness to return to Peru, as he is studying and receiving psychotherapy in Brazil. However, it believes that there is no legal or factual impediment to prevent Luis Alberto Cantoral Benavides from returning to his country, where the State could guarantee his safety and provide him health services and schooling in specialized institutions. The Court’s comments 57. The jurisprudence constante of this Court, like that of other courts, is that a condemnatory judgment can itself be a form of reparation for non-pecuniary damages.45 However, given the serious circumstances of the present case, the terrible suffering that the respective events caused the victim and that, in one form or another, brought pain and suffering upon his family as well, the changes forced upon the lives of the victim and his family, and the other non-material or nonpecuniary consequences thrust upon them all, the Court is ordering payment of compensation for non-pecuniary damages, based on the principle of equity.46 58. The victim’s representatives have made reference to various forms of nonpecuniary damages: the physical and mental suffering endured by the victim; the destruction of his life plan; the disintegration of the family, and the pain and suffering that the victim’s mother and brothers endured. 59. The Court observes that the prison conditions that Luis Alberto Cantoral Benavides had to endure were hostile and restrictive; he was tortured and subjected to various forms of cruel, inhuman and degrading treatment, which caused him 44 See paragraph 45 of this Judgment. Cf. Mayagna (Sumo) Awas Tingni Community Case, supra note 3, paragraph 166; Cesti Hurtado Case. Reparations, supra note 2, paragraph 51; and The “Street Children” Case (Villagrán Morales et al.). Reparations, supra note 2, paragraph 88. 45 46 Cf. Mayagna (Sumo) Awas Tingni Community Case, supra note 3, paragraph 167; Cesti Hurtado Case. Reparations, supra note 2, paragraph 51; and The “Street Children” Case (Villagrán Morales et al.). Reparations, supra note 2, paragraph 88.