58
239. International case law has repeatedly established that a judgment constitutes per se
a form of reparation.180 On this point, it is important to note that, despite the continuing
nature of the violations that constitute a forced disappearance, the Court is only competent
to order compensation for the victims based on the damage they suffered as of the year in
which the State accepted the Court’s competence (supra para. 226). Accordingly, owing to
the gravity of Mr. Portugal’s forced disappearance, the Court considers it necessary to order
in equity, as payment of compensation for non-pecuniary damage,181 the sum of
US$66,000.00 (sixty-six thousand United States dollars) in favor of Heliodoro Portugal. This
amount must be delivered in equal parts to Graciela De León, Patria Portugal and Franklin
Portugal. The Court also considers it pertinent to order compensation, in equity, for the nonpecuniary damage suffered by the other victims, because it has been proved that the lack of
justice and the concealment of the truth in this case has caused them profound distress,
intense psychological suffering, anguish, and uncertainty (supra paras. 168 to 175).
Therefore, the State must pay the sum of US$40,000.00 (forty thousand United States
dollars) to each of the following: Graciela De León, Heliodoro Portugal’s companion, and
Franklin Portugal, Heliodoro Portugal’s son. In the case of Patria Portugal, Heliodoro
Portugal’s daughter, the State must pay the sum of US$60,000.00 (sixty thousand United
States dollars), because it was she who promoted and monitored the investigation process.
The State must pay these amounts directly to the beneficiaries within a year of notification
of this judgment.
C)
MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPITITION
240. The Court will determine the measures of satisfaction that seek to repair the nonpecuniary damage, and will order measures of public scope or repercussion.182
i)
Obligation to investigate the facts that gave rise to the violations in the
instant case, and to identify, prosecute and, if appropriate, punish those
responsible
241. Both the Commission and the representatives asked that the State conduct “a full,
impartial and effective investigation in order to identify and punish the masterminds,
perpetrators and other participants” in what happened to Heliodoro Portugal, or those who
“through their active participation or failure to act contributed to the concealment and
impunity of the facts by hindering and delaying the investigations.”
242. Regarding the investigation of the facts, the State indicated that the criminal
proceedings were reopened on November 30, 2007.
243. The Court has established in this judgment that 18 years have elapsed since the
State accepted the Court’s competence and the domestic proceedings in this case have not
provided Heliodoro Portugal’s next of kin with an effective means of ensuring real access to
justice, within a reasonable time, encompassing the clarification of the truth of the facts, the
investigation and, if applicable, punishment of those responsible, and the reparation of the
violations (supra para. 147 to 158).
180
Cf. Case of Suárez Rosero v. Ecuador. Reparations and costs. Judgment of January 20, 1999. Series C No.
44, para. 72; Case of Yvon Neptune, supra note 24, para. 166, and Case of Kimel, supra note 61, para. 117.
181
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; Case of Yvon Neptune, supra note 24, para. 168, and Case of Kimel,
supra note 61, para. 117.
182
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra note 181, para. 84; Case of Yvon
Neptune, supra note 24, para. 170, and Case of Kimel, supra note 61, para. 120.
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