132
internationally responsible for the violation of the human rights of the persons
subject to its jurisdiction. Also, in the international jurisdiction, the parties and the
issue in dispute are, by definition, different from those in the domestic jurisdiction.266
Should a human rights violation have been produced, the Court can order that the
injured party be ensured the enjoyment of the right or freedom that has been
violated and, when applicable, that the consequences of the measure or situation
that violated the rights be repaired, either by the payment of compensation to the
injured party or by other forms of reparation, which, owing to their nature, are more
extensive than those ordered in the domestic sphere, taking into account the specific
circumstances of each case.
B) Pecuniary damage
The Commission’s arguments
366.
In relation to pecuniary damage the Commission indicated that:
(a)
The Court should establish the amount of the compensation for indirect
damage and loss of earnings, on grounds of equity;
(b)
Many families suffered serious material losses because the paramilitary
group that raided El Aro set fire to numerous homes, causing the loss of the
movables and immovables of the families affected and the latter’s
displacement to other zones;
(c)
When the paramilitary group withdrew from El Aro, it stole around
1,200 head of livestock belonging to various inhabitants;
(d)
The victims who lost their possessions “helped support their families,
whose living conditions were severely affected by the facts [of this case].
Also, the violation of the right to property has resulted in a material loss that
can be attributed directly to the State”;
(e)
The displacement resulting from the massacres has had grave
consequences for these family groups;
(f)
The calculation of the damages must necessarily be proportionate to
the gravity of the violations; and
(g)
Regarding the amounts of compensation that the victims and their
next of kin have a right to for pecuniary and non-pecuniary damage, the
Commission considered that the representatives were in a better position to
quantify their claims.
The representatives’ arguments
367.
In relation to pecuniary damage the representatives indicated that:
(a)
The indirect damage should take into account that the alleged victims
and their next of kin were peasant farmers, that their sustenance was derived
266
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 211
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