C)
Compensation
C.1)
Pecuniary damage
157. The Court has developed the concept of damage in its case law and the situations in which it
should be compensated. This Court has established that pecuniary damage entails “the loss of or
harm to the income of the victims, the expenses incurred owing to the facts, and the consequences
of a pecuniary nature that have a causal connection to the facts of the case.”262
158. The Commission asked the Court to establish, based on the equity principle, the amount of
the reparation corresponding to the pecuniary damage.
159. In relation to “compensation and costs” for Mr. Díaz Peña, the representative took into
account the operations (surgery on the middle ear and perianal abscess), post-operation and
rehabilitation expenses, medicines, and the convalescence time of Raúl Díaz. Hence, she requested
US$28,000.00 for expenses relating to the middle ear surgery, and US$35,000.00 for expenses
relating to the operation on the hemorrhoids and perianal abscess.
160. The Court observes that Mr. Díaz Peña received private medical care as a result of the
ailments he suffered while he was in the State’s custody (supra para. 103). Nevertheless, with the
evidence in the case file, the Court is unable to quantify precisely the amount that Mr. Díaz Peña or
his next of kin paid out. Likewise, although the medical attestations provided indicate that Mr. Díaz
Peña has not yet been operated on for his health problems,263 no evidence was submitted to
authenticate the estimated costs of the said operations presented by the representative. Therefore,
the Court is unable to quantify the amount that the victim would require if he had to undergo the
said operations.
161. Consequently, in this case the Court considers it necessary to order reparation for pecuniary
damage that includes a component for rehabilitation adapted to the physical ailments suffered by
the victim. Therefore, it establishes, in equity, the sum of US$5,000.00 (five thousand United States
dollars), which must be paid to Mr. Díaz Peña by the State as reimbursement for expenses incurred
for medical care,264 and also to cover future expenses for specialized medical treatment and other
related costs, in the place where he resides.265
C.2)
Non-pecuniary damage
162. The Court has developed the concept of non-pecuniary damage and has established that this
“may include both the suffering and anguish caused to the direct victim and his family, the harm to
values of great significance to the individual, as well as the changes of a non-pecuniary nature in
the living conditions of the victim or his family.”266
262
Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No. 91,
para. 43, and Case of Fornerón and daughter v. Argentina, para. 187.
263
Cf. Medical report of July 19, 2010, signed by the Surgeon General, Dr. Francisco Manzanilla (evidence file, tome
VI, folio 3300), and Medical report of February 25, 2011, signed by Dr. José Ramón Gutiérrez Longobardi (evidence file,
tome VI, folio 3302)
264
Cf. Case of Bueno Alves v. Argentina. Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 164,
para. 185, and Case of the Barrios Family v. Venezuela, para. 366.
265
Cf. Case of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil, para. 269.
266
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of May
26, 2001. Series C No. 77, para. 84, and Case of Pacheco Teruel et al. v. Honduras, para. 134.
54
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents