9
36.
As the word indicates, reparation consists in the measures that are intended
to eliminate the effects of the violations that were committed. Their nature and
amount depend on the damage caused at both the pecuniary and the non-pecuniary
level. Reparations are not supposed to enrich or impoverish the victim or his heirs12.
37. The reparations established in this judgment must be consistent with the
violations found in the judgment on merits delivered by the Court on September 29,
1999 (supra 3).
VI
BENEFICIARIES
38.
In the instant case, Gustavo Adolfo Cesti Hurtado is evidently the victim. In
its judgment of September 29, 1999, the Court declared that the State violated
several of his rights embodied in the Convention (supra 3); therefore, he merits the
compensation that the Court determines in his favor.
39.
However, in his brief of March 2, 2000, Mr. Cesti also requested the Court to
compensate his wife, children, mother-in-law and father for non-pecuniary damage,
as they had been affected by the violations of his fundamental rights for more than
three years.
40.
The Court recognizes that the violations that have been established must
have produced prejudices of various kinds within the victim’s household and,
consequently, his nearest next of kin may have the right to receive compensation,
provided this is in relation to the violations that were declared in the judgment on
merits and provided that it complies with the requirements established in the
jurisprudence of this Court.
VII
PROVEN FACTS
41.
To determine the measures of reparation that are in order in this case, the
Court will base itself on the facts that were considered proven in its judgment of
September 29, 1999. Moreover, as it has been indicated, the victim and the State
have contributed new evidence to the file that is relevant for determining the
measures of reparation. The Court has examined this evidence and the arguments
of the parties and declares the following facts proven in relation to Mr. Cesti:
a)
he was 45 years of age at the time of his detention13;
b)
at the time of his detention, he was the general manager and
legal representative of the insurance company, Top Security Asesores and
12
Cf. Blake case. Reparations, supra note 7, para. 34; Castillo Páez case. Reparations, supra note
2, para. 53; and Garrido and Baigorria case. Reparations (Article 63(1) of the American Convention on
Human Rights). Judgment of August 27, 1998. Series C No. 39, para. 43.
13
Cf. Gustavo Adolfo Cesti Hurtado’s electoral document; Cesti Hurtado case. Judgment of
September 29, 1999. Series C No. 56, para. 75; and medical report on Mr. Cesti Hurtado prepared by Dr.
César Segura Serveleón on June 10, 1997.