56
in fairness, for the concept of non-pecuniary damage in favor of the victim, her son,
her parents, her siblings, and her niece and nephew.
166. International case law has established repeatedly that the judgment
constitutes, per se, a form of reparation.113 However, owing to the circumstances of
the instant case, the sufferings that the facts caused to the victim and her next of
kin, the change in the living conditions of the victim, and the other consequences of
a non-pecuniary nature that they suffered, the Court considers that, in fairness,
payment of compensation for non-pecuniary damage is pertinent.114
167. Both the Commission and the representatives of the victim have referred to
the different types of non-pecuniary damage, such as the physical and mental
suffering endured by the victim, the effect on the conditions of her family life and the
sufferings of the victim’s son, parents and siblings.
168. As has been proved, Maritza Urrutia was abducted, illegally and arbitrarily
detained and, consequently, subjected to harsh detention conditions. It is inherent
in human nature that a person subjected to arbitrary detention endures profound
suffering.115 In addition, she was tortured psychologically; she was subjected to
cruel, inhuman and degrading treatment; she suffered anguish, fear of dying and
being physically tortured. Moreover, she received other kinds of pressure to record a
video and make a statement against her will, which was broadcast by two television
channels. This caused her anguish and suffering. She also felt fear after her release.
She was diagnosed with a “syndrome of anguish with reactive depression.” The facts
related to her abduction and detention have not been investigated, neither have
those related to the torture to which she was subjected and, consequently, those
responsible enjoy impunity. It is evident to the Court that the facts of this case
resulted in a change in the normal course of Maritza Urrutia’s life, because, following
the facts, she was forced to leave the country and remain far from her family, which
caused her anguish and sadness.
169. It is reasonable to conclude that the afflictions that the victim suffered extend
to the closest members of her family, particularly those who had close affective
contact with the victim. No evidence is required to reach this conclusion.116 In view
of the foregoing, and in order to establish compensation for non-pecuniary damage,
the Court considers that:
a)
Fernando Sebastián Barrientos Urrutia, the victim’s son, must be
compensated. In this case, it applies the presumption that a son suffers nonpecuniary damage owing to the sufferings of his parents.117 Moreover, the
Court presumes that Fernando Sebastián suffered from the absence of his
113
Cf. Bulacio case, supra note 14, para. 96; Juan Humberto Sánchez case, supra note 14, para.
172; and “Five Pensioners” case, supra note 14, para. 180.
114
Cf. Bulacio case, supra note 14, para. 96; Juan Humberto Sánchez case, supra note 14, para.
172; and El Caracazo case. Reparations, supra note 105, para. 99.
115
Cf. Bulacio case, supra note 14, para. 98; Juan Humberto Sánchez case, supra note 14, para.
174; and Trujillo Oroza case. Reparations, supra note 97, para. 85.
116
Cf. Bulacio case, supra note 14, para. 98; Juan Humberto Sánchez case, supra note 14, para.
175; and El Caracazo case. Reparations, supra note 105, para. 50 e).
117
The “White Van” case (Paniagua Morales et al.). Reparations, supra note 105, para. 125.