86
281. The State contested the claims of the representatives, arguing that they exceed the
possibilities of a developing country such as Bolivia. Consequently, the State requested the
Court, “based on equity criteria and on the conciliatory attitude” of the State to assess the
actions taken as compensatory measures, which “offer the injured party a satisfaction that
exceeds the financial sphere […].”
282. International case law has repeatedly established that the judgment can constitute
per se a form of reparation.287 Nevertheless, considering the circumstances of the case sub
judice, the sufferings that the perpetrated violations caused to the victims, as well as the
change in the living conditions and the other consequences of an immaterial and nonpecuniary nature that the latter suffered, the Court finds it pertinent to establish an
amount, in equity, as compensation for non-pecuniary damage.288
283. Considering the compensation ordered by the Court in other cases of enforced
disappearances of persons, the circumstances of this case, the significance, nature and
seriousness of the violations committed, which relate to the enforced disappearance of two
members of the same family, the sufferings caused to the victims and the treatment they
have received, the time that has elapsed since the disappearance commenced, the denial
of justice, as well as the change in living conditions and other non-pecuniary consequences
they suffered, the Court finds it pertinent to establish, in equity, the sum of US$80,000.00
(eighty thousand United States dollars) each for Messrs. Rainer Ibsen Cárdenas and José
Luis Ibsen Peña, as compensation for non-pecuniary damages. Also, for the same concept,
the Court establishes, in equity, compensation of US$50,000.00 (fifty thousand United
States dollars) for Martha Castro Mendoza, as well as compensation of US$40,000.00
(forty thousand United States dollars) each for Messrs. Rebeca Ibsen Castro, Tito Ibsen
Castro and Raquel Ibsen Castro, because the damage to them arises from the violations
committed against two members of the same family group. When establishing these sums,
the Court is not considering the alleged threats against the Ibsen family, because these are
not included in the factual framework of the instant case (supra para. 228).
D.3
Costs and expenses
284. As the Court has indicated on previous occasions, costs and expenses are included
in the concept of reparations embodied in Article 63(1) of the American Convention.289
285. The Commission requested the Court to order the State to pay the reasonable and
necessary costs and expenses that are duly proved, already incurred, and to be incurred in
the future, in processing this case in the domestic sphere and before Inter-American
System of Human Rights.
287
Cf. Case of Neira-Alegría et al. v. Peru. Reparations and Costs. supra note 249, para. 56; Case of the
“Las Dos Erres” Massacre v. Guatemala, supra note 7, para. 290, and Case of Chitay Nech et al. v. Guatemala,
supra note 6, para. 275.
288
Cf. Case of Neira-Alegría et al. v. Peru. Reparations and Costs. supra note 249, para. 56; Case of
Radilla Pacheco v. Mexico, supra note 8, para. 374, and Case of Chitay Nech et al. v. Guatemala, supra note 6,
para. 275.
289
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C No. 39. para. 79; Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 279, and Case of Manuel
Cepeda Vargas v. Colombia, supra note 6, para. 254.
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