─as in the instant Case of Blanco-Romero et al.─ that call for dissuasive reparations,
precisely to ensure non-recurrence of such serious human rights violations.
9.
As previously pointed out in my Separate Opinion in the Case of Myrna MackChang (2003), on the actual reparatio,
"[contrary] to what the Inter-American Court maintained in the
past,2 it is my view that reparations can perfectly well be both
compensatory and punitive, with the aim of putting an end to impunity
and ensuring realization of justice –which is perfectly in accordance with
the current stage of development of international law." (para. 46)
10.
Indeed, reparations of dissuasive or exemplary nature can already be found in
the precedents of this Court. Thus, for instance, in the Case of Aloeboetoe v. Suriname
(Judgment of September, 10, 1993), the Court ordered to reopen a school and establish
a foundation to assist the beneficiaries. In the Case of Villagrán-Morales et al. v.
Guatemala (case of the "Street Children," Judgment of May 26, 2001), the Court ordered
once again that an education center be named after the victims of the case; similarly, in
the Case of Trujillo-Oroza v. Bolivia (Judgment of February 27, 2002), the Court again
ordered that an educational establishment be given the name of the victim.
11.
I find particularly significant and exemplary the reparation measures aimed at
recognizing the suffering of the victims and preserving their collective memory. We can
mention at this point some other pertinent examples in precedents of the Court. In the
Case of Cantoral Benavides v. Peru (Judgment of December 3, 2001), for instance, the
Court ordered the State to provide a university-level educational scholarship to the
victim. In the Case of Barrios Altos v. Peru (Judgment of November 30, 2001), the Court
ordered reparations to be made effective through education-related benefits and
payment of expenses for health services.
12.
Moreover, in the Case of Durand and Ugarte v. Peru (Judgment of December 3,
2001), the Court once again ordered payment of health care services or expenses and
psychological support. In the Case of Myrna Mack-Chang v. Guatemala (Judgment of
November 25, 2003), the Court ordered reparations3 of both compensatory and punitive
nature, for dissuasive or exemplary purposes, in order to preserve the memory of the
violations occurred, to satisfy (in the sense of serving the interests of justice) the next of
kin of the victim, and to contribute to guarantee non-recurrence of such violations.
13.
Such exemplary reparations are similar to “punitive damages” which, contrary to
what some hasty authors aver, do exist. "Punitive damages" ─a notion which is not
strange to comparative domestic case law and to arbitration international law4─ may, in
.
In the judgments on "compensatory damages" (of 1989) in the cases of Velásquez
Rodríguez y Godínez Cruz, cit. supra n. (47).
2
.
3
Such as the ones in operative paragraphs 6 to 11 of the Judgment in that case.
.
Cf., for example, inter alia, R.W. Hodgin y E. Veitch, "Punitive Damages Reassessed", 21
International and Comparative Law Quarterly (1972) pp. 119-132. There are even those who
perceive a clear recognition of "punitive damages" in international law; cf., for example, N.H.B.
Jorgensen, "A Reappraisal of Punitive Damages in International Law", 68 British Year Book of
International Law (1997) pp. 247-266. And, for a draft of a jurisprudential construct, cf. G.
4
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