134
The Court’s findings
370. In this section, the Court will determine what should be awarded for
pecuniary damage and establish an amount that seeks to compensate the pecuniary
consequences of the violations that have been declared in this judgment, bearing in
mind the acknowledgement of international responsibility and the circumstances of
the case, the evidence provided, its case law, and the relevant arguments submitted
by the Commission, the representatives and the State.267
371. The Court considers that pecuniary damage should be calculated on the basis
of probative elements that allow the real damage to be ascertained.268 In the instant
case, the Court is unable to determine the loss of earnings suffered by most of the
victims. Indeed, there is insufficient evidence to determine the earnings they failed
to perceive, the ages or the activities of most of the victims.
372. Consequently, the Court will grant compensation, on grounds of equity, in
favor of those victims whose loss of income was not proved specifically, without
prejudice to the possibility of those persons using the mechanisms available under
domestic law to receive the corresponding compensation. The Court will also
determine compensation for non-pecuniary damage, and other forms of reparation in
favor of these persons.
373. However, regarding the persons for whom the Court has some form of
evidence about their age or the work they performed, based on the context and
circumstances of the case, the Court will establish an amount for pecuniary damage,
on grounds of equity, that takes into account this evidence and also, when
applicable, life expectancy in Colombia in 1996 and 1997, and the agricultural
activities carried out by most of the victims.269
374. Regarding the persons whose livestock was stolen, there are no appropriate
documents concerning its value. Consequently, the Court will grant compensation
based on equity in favor of those victims whose loss of livestock was not specifically
proved, without prejudice to the possibility of those persons using the mechanisms
available under domestic law to receive the corresponding compensation. The Court
will also determine compensation for non-pecuniary damage for those persons (infra
para. 390(f)).
375. In addition, there are no appropriate documents concerning the value of the
homes some of the victims lost. As already indicated, most of the victims had to
displace after their property and also the local registry offices were destroyed by the
paramilitary groups; hence, it is understandable that they do not have the necessary
documentation. Accordingly, the Court will not establish compensation for pecuniary
damage in favor of the persons who lost their homes and those who were displaced,
267
Cf. Case of Baldeón García, supra note 5, para. 183; Case of Acevedo Jaramillo et al., supra note
12, para. 301; and López Álvarez case, supra note 232, para. 192.
268
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 247; Case of the “Mapiripán
Massacre”, supra note 8, para. 276; and Case of the “Juvenile Reeducation Institute”, supra note 12, para.
288.
269
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 248; Case of Blanco Romero et al.,
supra note 5, para. 80; and Case of García Asto and Ramírez Rojas, supra note 5, para. 261.
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