54
a compensation for non pecuniary damage, on an equitable basis.83
132. On the one hand, the Court considers that the circumstances surrounding the
detention and subsequent disappearance of Mr. Santiago Gómez-Palomino (supra
para. 54(9)) were such that caused great fear and suffering. In a previous case84
the Inter-American Court deemed that similar circumstances had caused the victim
a serious non pecuniary damage that had to be wholly assessed when determining
the amount of the corresponding compensation. Therefore, the Court considers that
Mr. Gómez-Palomino must be compensated for the non pecuniary damage suffered
and order, on equitable grounds, the payment of US$ $100,000.00 (one hundred
thousand United States dollars) or its equivalent in Peruvian currency. Said
compensation should be paid to Mrs. Victoria Margarita Palomino-Buitrón and to the
girl Ana María Gómez-Guevara, as per the terms in paragraph 121 of the instant
Judgment.
133. On the other hand, the Court deems that Mrs. Victoria Margarita PalominoBuitrón, Mrs. Esmila Liliana Conislla-Cárdenas, Mrs. María Dolores Gómez-Palomino,
Mrs. Luzmila Sotelo-Palomino, Emiliano, Mercedes, Mónica, Rosa and Margarita, all
of them bearing the surname of Palomino-Buitrón family, and the girl Ana María
Gómez-Guevara, have borne great suffering due to the forced disappearance of Mr.
Santiago Gómez-Palomino, and consequently this Court finds they are victims of the
violation of Articles 5, 8(1) and 25 of the American Convention (supra paras. 68 and
86). Therefore, the Court fixes, on equitable grounds, the amount of US$ 80,000.00
(eighty thousand United States dollars) or its equivalent in Peruvian currency, as
compensation for the non pecuniary damage suffered by Mrs. Victoria Margarita
Palomino-Buitrón; the amount of US$ 80,000.00 (eighty thousand United States
dollars) or its equivalent in Peruvian currency, as compensation for the non
pecuniary damage suffered by the girl Ana María Gómez-Guevara, and the amount
of US $30,000.00 (thirty thousand United States dollars) or its equivalent in
Peruvian currency for the non pecuniary damage suffered by each of the sisters of
Mr. Gómez-Palomino: María Dolores Gómez-Palomino, Luzmila Sotelo-Palomino,
Emiliano, Mercedes, Mónica, Rosa and Margarita, all of them bearing the surname of
Palomino-Buitrón. As regards Mrs. Mercedes Palomino-Buitrón, her compensation
shall be delivered to her as per the terms set forth in paragraph 122 of the instant
Judgment.
134. Finally, and regarding Mrs. Esmila Liliana Conislla-Cárdenas, according to her
testimony and the expert witness report rendered by María del Pilar Raffo-Lavalle de
Quiñones (supra para. 48(b) and (c)), the Court fixes, on equitable basis, the
amount of US$ 10,000.00 (ten thousand United States dollars) or its equivalent in
Peruvian currency, as compensation for the non pecuniary damage inflicted on her.
135. Accordingly, this Court determines, on equitable grounds, that the amount of
the compensations for non pecuniary damage shall be those indicated in the
83
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 285; Case of Gutierrez-Soler, supra
note 4, para. 83, and Case of Acosta-Calderón, supra note 9, para. 159.
84
Case of Aloeboetoe et al. Reparations (Article 63(1) American Convention on Human Rights)
Judgment of September 10, 1993. Series C No. 15, paras. 51 and 52.
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