33
Marco Antonio
Molina Theissen
(victim)
Emma Theissen
Álvarez Vda. de
Molina
(mother)
Carlos Augusto
Molina
Palma
(deceased
father)
Ana
Lucrecia
Molina Theissen
(sister)
María Eugenia
Molina Theissen
(sister)
Emma
Guadalupe
Molina Theissen
(sister)
REPARATIONS FOR PECUNIARY DAMAGES
Detriment to
Lost earnings Consequential
Expenses for
damages
psychological assets
treatment
US$100,000.00
Total
US$100,000.00
US$280.00
US$40,000.00
US$40,280.00
US$280.00
US$40,000.00
US$40,280.00
US$280.00
US $6,000.00
US$20,000.00
US$26,280.00
US$280.00
US $8,000.00
US$20,000.00
US$28,280.00
US$280.00
US$20,000.00
US$20,000.00
US$40,280.00
TOTAL
US$ 275,400.00
C) NON-PECUNIARY DAMAGES
Arguments of the Commission
62.
The Commission pointed out that:
a)
the award for “moral damages” caused must be substantial, to take
into account the suffering, anguish and grief suffered by the parents and the
sisters of the victim due to their irreparable loss, from when the facts took
place in 1981 to date. Impunity still prevails regarding Marco Antonio’s
forced disappearance. Furthermore, the Molina Theissen family had to
emigrate to another country, out of fear that another member of the family
might suffer what happened to Marco Antonio Molina Theissen, for which
reason they had to leave behind their “jobs, their roots, their culture, their
people, their home, their belongings, their other relatives [and] friends.” All
this has caused the Molina Theissen family great psychological damage.
Therefore, the Commission asked the Court to determine the “moral
damages;” and
b)
as a consequence of the violations against Marco Antonio Molina
Theissen, his life plan was destroyed; therefore, the Commission asked the
Court to acknowledge that said life plan was cut short and to set, in fairness,
an amount that the State must pay to the Molina Theissen family. The
Commission also pointed out that the Court must take into count the
detriment to the life plan of each of the members of said family.
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