-133person causes their children, spouse or companion, mother, father and siblings a
non-pecuniary damage that need not be proved.260
258. International case law has established repeatedly that the judgment
constitutes per se a form of reparation. However, owing to the gravity of the facts in
the instant case and the situation of partial impunity, the intensity of the suffering
caused to the victims, the alterations in their living conditions, and the other
consequences of a non-pecuniary nature, the Court considers it necessary to order
the payment of compensation for non-pecuniary damage, based on the principle of
equity,261 which must be awarded as stipulated in paragraphs 236, 237 and 240 of
this judgment, and in accordance with the following parameters:
(a)
For each of the 37 victims disappeared and the six deprived of life, the
Court established the amount of US$30,000.00 (thirty thousand United States
dollars);
(b)
At the time of their disappearance, three of the victims were minors:
Manuel de Jesús Montes Martínez, José Encarnación Barrera Orozco and
Miguel Antonio Pérez Ramos. Consequently, it can be presumed that the
suffering caused by the facts of the case assumed particularly intense
characteristics in their regard. Therefore, the damage referred to in the
preceding paragraph must be compensated, based on equity, in each case,
with the amount of US$5,000.00 (five thousand United States dollars), which
will increase the amount indicated above;
(c)
For the immediate next of kin of the victims, the Court considers that
the corresponding damage must be compensated by payment in their favor of
the amounts indicated below:
i.
US$10,000.00 (ten thousand United States dollars) in the case
of the mother, father, wife or permanent companion and each child of
the 37 victims disappeared;
ii.
US$8,000.00 (eight thousand United States dollars) in the case
of the mother, father, wife or permanent companion and each child of
the six victims deprived of life;
iii.
US$500.00 (five hundred United States dollars) in the case of
each sibling of the disappeared and deprived of life, and
iv.
These amounts will be increased by the payment of
US$2,000.00 (two thousand United States dollars) to Macrina Onelia
Martínez Paternina, mother of Manuel de Jesús Montes Martínez, Dora
Isabel Tuberquia Petro, companion of Genor José Arrieta Lora, Gloria
de Jesús Petro Pérez, companion of Luis Miguel Salgado Berrío, and
260
Cf. Case of the 19 Merchants, supra note 192, para. 229; Case of Maritza Urrutia, supra note
190, para. 169; Case of Myrna Mack Chang, supra note 197, paras. 245 and 264, and Case of Bulacio,
supra note 192, para. 98.
261
Cf. Case of Blanco Romero et al., supra note 10, para. 87; Case of García Asto and Ramírez
Rojas, supra note 10, para. 268, and Case of Gómez Palomino, supra note 10, para. 131.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents