18
Luis Alberto
Cantoral
Benavides
Gladys
Benavides
López
Luis Fernando
Cantoral
Benavides
TOTAL
Reparation for pecuniary damages
Lost
Family
Medical
Future
income
travel
expense
medical
expenses
already
expenses
incurred
US$
US$
US$
24,000.00
1,000.00
10,000.00
US$
500.00
US$
1,500.00
Total
US$
35,000.00
US$
2,000.00
US$
3,000.00
US$
3,000.00
US$ 40,000.00
B)
NON-PECUNIARY DAMAGES
53.
The Court now turns its attention to the detrimental effects caused by the
facts in this case that are not finance- or property related and hence cannot be
measured in terms of monetary value. Non-pecuniary damages might include the
pain and suffering caused to the direct victims and to their loved ones, discredit to
things that are very important for persons, other adverse consequences that cannot
be measured in monetary terms, and disruption of the lifestyle of the victim or his
family. It frequently happens that the various types of non-pecuniary damages have
no specific monetary equivalent. To make full restitution to the victims in such
cases, only two types of compensation are possible. First, through payment of a
sum of money or delivery of goods and services of appreciable cash value, which the
Court determines in reasonable exercise of its judicial authority and on the basis of
equity. Second, through the performance of acts or works that are public in scope
and impact and that serve to restore a victim’s reputation, good name, and dignity,
consolidate his debts or convey a message officially denouncing the human rights
violations in question and pledging to make efforts to ensure that such violations will
not recur.43
Arguments of the victim’s representatives
54.
The victim’s representatives pointed out that:
a)
It is a proven fact that Luis Alberto Cantoral Benavides was deprived
of his freedom for four years, four months and nineteen days. During his
detention and incarceration, he was paraded before the press in prison
stripes, held incommunicado, tortured, and subjected to cruel, inhuman and
degrading punishment and treatment. When Luis Alberto was released, he
was forced to move to Brazil to protect his freedom and personal safety. He
has had difficulties adjusting there. As a consequence of the events of this
case, the victim now suffers from various mental disorders;
43
84.
Cf. The “Street Children” Case (Villagrán Morales et al.). Reparations, supra note 2, paragraph