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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