57
mother and, when she was released, he was aware of her suffering and
shared it with her when they had to leave the country and be separated from
their immediate family, all of this associated with the fact that, at the time,
he was only 4 years of age; and
b)
With regard to Edmundo Urrutia Castellanos and María Pilar García de
Urrutia, the Court reiterates that it is not necessary to demonstrate nonpecuniary damage with regard to the victim’s parents.118 Moreover, it is clear
that, when they did not know the whereabouts of their daughter and with the
well-founded fear that she might disappear or be assassinated, the victim’s
parents assumed the responsibility of finding her, sharing the physical and
psychological suffering that she endured during her abduction and detention
and, once liberated, protecting her from the threats against her life.
Furthermore, their daughter had to leave the country, and her parents had to
be separated from her and their grandchild. Given these circumstances, the
parents must be compensated for non-pecuniary damage;
c)
With regard to Edmundo Urrutia García and Carolina Urrutia García,
the victim’s siblings, they also experienced their sister’s suffering at first
hand. As a result of the facts of this case, the former had to leave the
country for fear of being persecuted by the State authorities and, therefore,
was separated from his family for a time, and his family and professional
sphere changed.
Carolina Urrutia García suffered the effects of what
happened to her sister, with whom she was living at the time of the facts.
She also experienced psychological problems.
In addition, the Court
reiterates that it can be presumed, as in the case of the parents, that the
siblings of victims of human rights violations are not insensitive to their
suffering, but share it.119 Consequently, the said siblings must also be
compensated for non-pecuniary damage.
170. Bearing in mind the different aspects of the non-pecuniary damage caused,
the Court establishes, in fairness, the value of the compensation for non-pecuniary
damage as follows:
Reparation for Non-pecuniary Damage
Victim and next of kin
Amount
Maritza Urrutia
US$20,000.00
Fernando Sebastián Barrientos Urrutia
US$10,000.00
Edmundo Urrutia Castellanos
US$ 6,000.00
María Pilar García de Urrutia
US$ 6,000.00
Edmundo Urrutia García
US$ 1,000.00
Carolina Urrutia García
US$ 1,000.00
TOTAL
US$44,000.00
118
Cf. Cantoral Benavides case. Reparations, supra note 105, para. 61 a); the “Street Children”
case (Villagrán Morales et al.). Reparations, supra note 105, para. 66; and the “White Van” case
(Paniagua Morales et al.). Reparations, supra note 105, para. 108.
119
Cf. Trujillo Oroza case. Reparations, supra note 97, para. 88 d); Cantoral Benavides case.
Reparations, supra note 105, paras. 37 and 61 d); and the “Street Children” case (Villagrán Morales et
al.). Reparations, supra note 105 para. 68.