37
Dollars). Such amount shall be paid as follows: US $30,000.00 (thirty thousand
United States Dollars) to Mr. Wilson Gutiérrez-Soler, US $30,000.00 (thirty
thousand United States Dollars) to Mr. Ricardo Gutiérrez-Soler and US $15,000.00
(fifteen thousand United States Dollars) to Mrs. María Elena Soler de Gutiérrez, as
established in paragraph 70 of this Judgment.
C) NON PECUNIARY DAMAGE
Argument by the Commission
79.
The Commission contended that:
a)
Mr. Wilson Gutiérrez-Soler’s medical and psychiatric examinations
prove that he suffered and continues suffering from severe physical and
psychological consequences of the tortures inflicted on him during his false
arrest;
b)
repetitive, public questioning of Mr. Wilson Gutiérrez-Soler’s
credibility, character and the motives leading him to report facts, arising
from the way national courts handled the case, resulted in depression and
symptoms of phobia; distorting his motivation and cognition, and
aggravating the psychological damage resulting from the events of August
24, 1994;
c)
violations of the rights of Mr. Wilson Gutiérrez-Soler’s family have
caused them pain and suffering. The arrest and the events that followed it
caused them suffering and anguish, which were worsened by persistent
impunity, as well as by the risky position and the harrassment Wilson’s
parents and his brother were made to suffer; and
d)
in view of the most serious circumstances of the case, the intense
pain inflicted and the alterations of the conditions in which the victims and
their next of kin lived, the Commission requests said persons be paid, on
equitable grounds, compensation for non pecuniary damages.
Argument by the representatives
80.
The representatives argued that:
a)
Mr. Wilson Gutiérrez-Soler’s moral damage results from the violation
of his right to humane treatment, by inflicting on him moral, physical, and
psychological pain. Almost ten years after the fact, he still suffers the
physical and psychological sequels thereof. His illegal and false arrest, the
lack of investigation and the lack of punishment of those who tortured him,
and the biased trial against him when he was charged with extortion,
contributed to his further pain and suffering. Lastly, he also was caused
moral damage by having been subjected to the threats, the harassment, the
search of his place of residence, the constant phone calls and the attack, all
of which have resulted in his going into exile;
b)
forensic physicians in the service of the very same State have verified
the severe consequences of the torture inflicted;
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