112
be taken into account75 (supra 34), and therefore, given the
circumstances of this case, Alberta Velásquez must also be
compensated for non pecuniary damages.
66.
Taking into account the various aspects of the damages discussed, the
estimates of the representatives of the victims and the agreement of the Commission
with those estimates, insofar as applicable and in accordance with the specific
characteristics of this case, the Court, in equity, sets the value of compensations for
non pecuniary damages, to be made in favor of the victims or, when appropriate, to
their next of kin (infra 67), as listed in the following table:
Reparations for Non Pecuniary Damages
Victim and next of kin
Amount
Efraín Bámaca Velásquez
US$100,000.00
Jennifer Harbury
US$ 80,000.00
José León Bámaca Hernández
US$ 25,000.00
Egidia Gebia Bámaca Velásquez
US$ 20,000.00
Josefina Bámaca Velásquez
US$ 20,000.00
Alberta Velásquez
US$ 5,000.00
TOTAL
US$250,000.00
67.
As regards compensation for non pecuniary damages to Efraín Bámaca
Velásquez, these will be distributed in the same way set forth in paragraph 53.
C) OTHER FORMS OF REPARATION
68.
In this section, the Court will decide on non-monetary measures of
compensation for non pecuniary damage.
Arguments of the representatives of the victims
69.
75
The representatives of the victims stated that the Court should decide that:
a)
the human rights violations committed by State authorities to the
detriment of Efraín Bámaca Velásquez did not allow Jennifer Harbury
to develop her “life project”, making it impossible for her to attain
personal, professional, and family goals with him, and this is an
element that affects a person in her vital essence, and is therefore
autonomous from the moral damages, the pecuniary damages, and
the punishment of those responsible, and therefore should be
economically determined by the Court, following the criterion of
equity; and
b)
compensation for the violation of the right to life of Efraín Bámaca
Velásquez, because the latter has an autonomous value that
transcends its potential to generate income, and when a person has
been deprived of it, it cannot be compensated for by indemnification
based on pecuniary or moral damages.
This affects the family
environment of the victim and transcends a materialistic
quantification, for which reason it must be set in equity.
See Paniagua Morales et al. Case, Reparations, supra note 5, para. 109.
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