national newspaper with widespread circulation, and
(c)
This judgment in its entirety on an official web site, available for one year.
253.
In this case, the Court finds that, among other effects, this measure will
contribute to satisfactory compliance with the guarantee of non-repetition established
above.
B.2.
Compensation for non-pecuniary damage
254. With regard to non-pecuniary damage, the Inter-American Commission asked the
Court to “order the State to pay appropriate compensation for the damage suffered due
to the violations of Articles 8 and 25 of the American Convention that were declared to
the detriment of the victims identified in the Report on Merits and the […] application.”
The Commission made that request “notwithstanding any claims that the representatives
of the victims may file at the appropriate time during the proceedings.” It added that
“the loss of savings of approximately 1,500 families who were counting on those
resources for their living expenses has caused [them] untold suffering and has had a
devastating effect on these persons.” In addition, the Commission indicated that many
of them are “of an advanced age” and that “approximately 100 individuals have died
without obtaining justice.”
255. In their brief with final arguments, the representatives asked the Court to order
the State to pay “appropriate compensation” for “the non-pecuniary damage suffered,
which should be 33% of the capital deposited.” In addition, regarding the impact of the
violations, they emphasized that the victims they represent “include 80 individuals of
from 70 to 97 years of age, one of them blind, who have been deprived of a dignified old
age owing to this matter.” They added that the victims “were deprived of their life
savings, and this has caused a situation of extreme desperation which, in many cases
resulted in illness as well as one premature death and, in others, led directly to suicide.”
256. The State indicated that reparation for non-pecuniary damage is “totally
inadmissible” because “the matter relates […] exclusively to private capital; in other
words, the recovery of alleged rights to credit or the recuperation of savings or
investments placed in private entities.”
257. In its case law, the Court has developed the concept of non-pecuniary damage284
and the situations in which it must be compensated.
258. Regarding the compensation for non-pecuniary damages requested by the
representatives, the Court recalls that it has not ruled on the merits of the victims’
petitions under article 31 of Law 17,613, because it is not incumbent on this Court to
make that determination.
259. Therefore, the Court does not find non-pecuniary compensation based on the
amount of the victims' alleged deposits admissible. Nevertheless, the Court must
recognize that the violations of the rights to judicial guarantees and judicial protection
declared in this judgment (supra paras. 140 to 142, 183 to 185 and 218 to 220) caused
non-pecuniary damage, owing to the uncertainty in the determination of their rights. It
284
The Court has established that non-pecuniary damage “may include both the suffering and hardship
caused to the direct victim and to his next of kin, the harm of values that are of great personal significance,
and also the changes of a non-pecuniary nature in the living conditions of the victim or his family.” Case of the
“Street Children” (Villagrán Morales et al.) v. Guatemala, supra note 276, para. 84; Case of Mejía Idrovo v.
Ecuador, supra note 251, para. 150, and Case of López Mendoza v. Venezuela, supra note 12, para. 231.
91