that this amount included the damage to life project, although "[i]t could perhaps be
understood that" it "would be included in that amount." He added that the amount
provided to each of the victims "is less than what has been established for non-pecuniary
damages" in similar cases. He asked the Court to clarify and specify whether or not "it
should be understood that the amount set [...] includes compensation for impact on the
'life project,'" and, if necessary, "the amount understood as appropriate should be set."
13. The State indicated that the amount established in paragraph 311 of the judgment,
set in equity, "includes the items indicated in the immediately preceding paragraph,"
meaning that the amount “includes, within the estimated damage [...] the 'damage to
the life project' specified in paragraph 310." It asked that the request for interpretation
be rejected.
14. The Commission noted that in paragraph 310, the judgment "specified the aspects
considered part of the non-pecuniary damage caused to Anatole and Victoria Larrabeiti
Yáñez," including "the evident impact on [their] life project". In view of the foregoing, it
indicated that the judgment "is clear in determining the aspects considered as part of the
non-pecuniary damage to be redressed, which includes the impact on the victims' life
project."
A.2. Considerations of the Court
15. Regarding compensation for non-pecuniary damage ordered in the judgment, this
Tribunal recalls that paragraph 310 of the judgment provides as follows:
The Court [...] finds it admissible to provide redress for the non-pecuniary damage caused to
Anatole Alejandro Larrabeiti Yáñez and Claudia Victoria Larrabeiti Yáñez consisting of the
ongoing suffering and anguish caused by the forced disappearance of their biological parents;
the omissions and shortcomings in the search for their whereabouts and eventual location of
their remains, to the detriment of their right to know the truth; the excessive delay in the
processing of the different cases domestically and full clarification of what happened; and the
violation of their right to access to justice due to the State’s refusal to grant the corresponding
reparations judicially, as well as the demonstrated impacts on the personal integrity of the
Larrabeiti Yáñez siblings. Likewise, the circumstances of the case indicate that there has been a
clear impact on the victims’ life plans, with a differentiated impact on their status as the son and
daughter of the persons whose disappearance continues, which must also be taken into account
when estimating non-pecuniary damages, as it continues over time for as long as there is
uncertainty as to the whereabouts of their biological parents. 7
16.
Based on the above, paragraph 311 indicated as follows:
Consequently, the Court establishes, in equity, the sum of USD 40,000.00 (forty thousand United
States dollars) that the State must pay to each of the victims—Anatole Alejandro Larrabeiti
Yáñez and Claudia Victoria Larrabeiti Yáñez—to be made effective within a year from the
notification of this Judgment. 8
17. It is clear from this, as has been pointed out by the Argentine State and the
Commission, that the amount set in the aforementioned paragraph 311 included the
damage to the victims' life project, something expressly considered by the Court in the
preceding paragraph (paragraph 310). In any case, the determination of the amount was
made in equity, according to the circumstances of the specific case, without comparison
to apparently analogous cases influencing or restricting the considerations made by the
7
Case of the Julien Grisonas Family v. Argentina. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of September 23, 2021. Series C No. 437, para. 310.
8
Case of the Julien Grisonas Family v. Argentina, supra, para. 311.
4