resources to correctly process all scientific and other types of evidence with the purpose of
clearing up criminal acts. The Court will not supervise this process.
Compensatory damages
D.1.
Pecuniary damages
Arguments of the parties and of the Commission
475. The Commission asked, in general terms, for due redress for the human rights
violations declared in its Report on the Merits, both pecuniary and nonpecuniary.
476. The representatives said that the family members had decided not to ask the Court
for compensation to redress consequential damages, damages to family assets, and damages
for lost earnings.
477. The State said that, because the applicants expressed their willingness to forgo
compensation for pecuniary damage, the Inter-American Court should not order redress under
that heading.
Considerations of the Court
478. In view of the representatives’ petition, the Court finds it unnecessary to rule on
pecuniary damages.
D.2.
Nonpecuniary damages
Arguments of the parties and of the Commission
479. The Commission asked, in general terms, for due redress for the human rights
violations declared in its Report on the Merits, both pecuniary and nonpecuniary.
480. The representatives explained that the family members in this case “preferred not to
ask the Court for a specific amount for the losses they had experienced over the course of
these […] years,” and thus asked this Court, availing itself of its powers and considering its
precedent case law on the subject, to allocate an amount in equity.
481. The State objected to this request on the basis of its preliminary objections. In its final
written arguments, the State said that, even though the representatives had not requested a
specific amount but instead had requested redress in equity, in its view there had been no
abridgment of the rights recognized in the American Convention, and therefore, no obligation
to compensate. It added that “the purpose of the inter-American system is to protect human
rights, and not profit from them, and therefore it would be inappropriate to allow financial
claims to transform the […] Court into a mercantile tribunal, as this would not be consistent
with its object and purpose.”
Considerations of the Court
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