93
medical care for the members of the Community, and its implementation will
require prior consent by those involved, in accordance with their practices and
customs.
Pleadings of the State
198. The State alleged that the damage and detriment that might have taken place
in the instant case has not been claimed before the State’s judicial system, and there
is no link between the deaths of some members of the Community and the matter of
ancestral lands. On the other hand, the State recognized that it is necessary for the
members of the Community to use the lands they receive productively to cover the
needs of the Community and enable their appropriate development. For this, it will
implement a project for the appropriate development of the land, immediately after
consultation with and acceptance by the Community, directly, without interference
by third parties obstructing the negotiations.
Considerations of the Court
199. Non-pecuniary damages must encompass both the suffering and sorrow
caused to the direct victims and their relatives, detriment to very significant values
of individual persons, as well as non-pecuniary alterations in the conditions of
existence of the victim or his family. Since it is not possible to attach a precise
monetary equivalent to non-pecuniary damage, for purposes of comprehensive
reparations to the victims, it can only be compensated for, in two ways. First, by
payment of an amount of money or delivery of goods or services that can be
appraised in monetary terms, decided by the Court by applying judicial discretion
and in terms of fairness. Second, by carrying out acts or works that are public in
their repercussions or scope, such as broadcasting a message of official reproval of
the human rights violations involved and stating its commitment with efforts to avoid
their happening again and which should have, among other effects, that of
recognizing the dignity of the victims.217 The first aspect of reparation for pecuniary
damage will be addressed in this section, and the second aspect in the following
section.
200. International jurisprudence has repeatedly established that the judgment
constitutes, in itself, a form of reparation. However, taking into account the
circumstances of the instant case, the alterations to the conditions of existence of
the victims and their non-material or non-pecuniary consequences, the Court deems
it pertinent to order reparation of the non-pecuniary damage.218
201. In its assessment of the non-pecuniary damage caused in the sub judice case,
the Court has deemed that the statements by Albino Fernández rendered before a
notary public (supra para. 38.a), and by Esteban López, Tomás Galeano and
Inocencia Gómez in their testimony before this Court during the public hearing
(supra para. 39.a, 39.b and 39.c), regarding the damage caused to them are
representative of the damage caused to the other victims, all of whom are members
217
See Case of Caesar, supra note 2, para. 125; Case of Huilca Tecse, supra note 209, para. 96, and
Case of the Serrano Cruz Sisters, supra note 2, para. 156.
218
See Case of Caesar, supra note 2, para. 126; Case of Huilca Tecse, supra note 209, para. 97, and
Case of the Serrano Cruz Sisters, supra note 2, para. 157.
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