62
bearing in mind that no one should be made richer by the reparations granted by the
Court.”
216. Regarding the loss of earnings corresponding to Carlos Fernando Jaramillo Correa,
the Court observes that, at the time of the facts, he “worked with a friend in a lumber yard
in Medellín”155 and, as indicated in Chapter VII of this judgment, was forced to go into exile
owing to the facts of this case. Based on the foregoing, the Court establishes, in equity, as
it has in other cases,156 the sum of US$30,000.00 (thirty thousand United States dollars) for
the loss of earnings of Carlos Fernando Jaramillo Correa. This amount shall be delivered
directly to Carlos Fernando Jaramillo Correa within one year of notification of this judgment.
217. Regarding the alleged indirect damage caused to Carlos Fernando Jaramillo and his
family by the loss of possessions and properties owing to his departure from Colombia as a
refugee, the Court observes that Carlos Fernando Jaramillo stated in his testimony before
the Court that this presumed loss commenced as a result of the alleged forced displacement
that occurred before the facts of this case. In this regard, Carlos Fernando Jaramillo stated
that he continued to be involved in the production and administration of his farms “until the
beginning of 1997, because with [the arrival of a] paramilitary group in the municipal
capital of Ituango […] everything became more difficult [and] the only person who [was
able to administer] the farm [was his] father, [who] was the only one who went into
Ituango.” He also testified that, at the time of the facts in 1998, he was working in
Medellín.157 Similarly, Saúl Jaramillo Giraldo testified that, in “1996 […] Carlos Fernando
[had to leave Ituango] owing to the threats he had received [from members of the
paramilitary groups].”158
218. Based on the above, it is clear that the possessions and properties of the family of
Carlos Fernando Jaramillo Correa in the municipality of Ituango were being administered by
his father before the facts of the instant case occurred and that Carlos Fernando Jaramillo
Correa had been displaced from Ituango since 1996, owing to the unsafe situation caused
by the paramilitary presence in that municipality. Hence, the Court finds that the causal
nexus between the alleged loss of those possessions and properties and the facts of the
instant case has not been proved. Consequently, the Court will not order the State to pay
compensation for actual damages in relation to these alleged facts.
B.2) Non-pecuniary damage
219. The Court will determine the non-pecuniary damage according to the guidelines
established in its case law.159
155
Statement made by the witness, Carlos Fernando Jaramillo Correa, supra note 97.
156
Cf. Case of Cantoral Benavides, supra note 15, paras. 49 and 50; Case of Bayarri, supra note 13, para.
151, and Case of Yvon Neptune, supra note 57, para. 163.
157
Cf. Statement made by the witness, Carlos Fernando Jaramillo Correa, supra note 97.
158
Statement made by the witness, Saúl Jaramillo Giraldo, supra note 74 (folio 2226).
159
Non-pecuniary damage may comprise the pain and suffering caused to the direct victim and his next of
kin, the impairment of values that are significant to an individual, and also the non-pecuniary damage caused by
alterations in the living conditions of the victim and his next of kin. Since it is not possible to allocate a precise
monetary amount to such damage, it can only be compensated by the payment of a sum of money or the delivery
of goods or services with a pecuniary value that the Court establishes, in equity, as well as by means of acts or
works of a public scope or impact designed to acknowledge the dignity of the victim and avoid the occurrence of
human rights violations. Cf. 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 Bayarri, supra note 13, para. 164, and Case of
Apitz Barbera et al. (“First Administrative Law Court”), supra note 141, para. 237.
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