85
*
*
*
277. In previous cases, the Court has recognized that the life project of a victim of
human rights violations may have been harmed. Nevertheless, this Court has established
that the complex and comprehensive nature of the damage to the “life project” requires
measures of satisfaction and guarantees of non-repetition, which go beyond the financial
sphere. In this regard, the condemnation contained in other sections of this judgment
contributes to compensate the victims in the case for the pecuniary and non-pecuniary
damage suffered.285
D.2
Non-pecuniary damage
278. The Court has developed in its case law the concept of non-pecuniary damage
and the hypotheses in which it must be compensated. The Tribunal has established that
non-pecuniary damage “may include both the suffering and the afflictions caused to the
direct victim and his next of kin, the damage to values that are very important to the
persons, as well as the alterations, of a non-pecuniary nature, in the conditions of
existence of the victim or his next of kin.”286
279. The Commission requested the Court, if it found it pertinent, to establish, in equity,
an amount of compensation for non-pecuniary damage.
280. The representatives referred to the anguish, pain, despair and uncertainty suffered
by the Ibsen family owing to the arbitrary detention and the enforced disappearance of
Rainer Ibsen Cárdenas and José Luis Ibsen Peña. They also indicated that the threats and
harassment that obliged the family to flee within their own country and the lack of
information about the whereabouts of Messrs. Ibsen Cárdenas and Ibsen Peña caused
irreparable and traumatic non-pecuniary damage to the victims. Consequently, based on
the forced disappearance of Mr. Rainer Ibsen Cárdenas, they requested the Court to order
the payment of symbolic compensation of US$700,000.00 (seven hundred thousand United
States dollars) to Mrs. Martha Castro Mendoza. For the forced disappearance of Mr. José
Luis Ibsen Peña, they requested compensation for the family with a “symbolic value” of
US$900,000.00 (nine hundred thousand United States dollars). In addition, with regard to
the suffering and pain of the Ibsen family for the “process suffered” by Rainer Ibsen
Cárdenas, they called for compensation of US$250,000.00 (two hundred and fifty thousand
United States dollars) for his stepmother, Martha Castro Mendoza, and of US$100,000.00
(one hundred thousand United States dollars) for each of his paternal siblings, Rebeca, Tito
and Raquel Ibsen Castro. Finally, for the pain suffered by the family owing to what
happened to José Luis Ibsen Peña, they requested a payment of US$500,000.00 (five
hundred thousand United States dollars) for Martha Castro Mendoza, and payments of
US$300,000.00 (three hundred thousand United States dollars) for each of his children,
Rebeca, Tito y Raquel Ibsen Castro.
285
Cf. Case of Loayza-Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C
No. 42, para. 153; Case of Cantoral-Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001.
Series C No. 88. para. 80, and Case of Gutiérrez-Soler v. Colombia. Merits, Reparations and Costs. Judgment of
September 12, 2005. Series C No. 132. para. 89.
286
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 Chitay Nech et al. v. Guatemala, supra note 6, para. 273,
and Case of Manuel Cepeda Vargas v. Colombia, supra note 6, para. 242.
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