108
integral reparation to the victims all that can be done is for them to receive
compensation, and this in two ways. First, by means of the payment of an amount
of money or by providing goods or services that can be appraised in monetary terms,
to be determined by the Court through reasonable use of judicial discretion and in
terms of equity. Secondly, by carrying out acts or public works whose scope or
public repercussion have an effect in terms of the remembrance of the victims,
recovery of their dignity, consolation to their relatives or issuing a message of official
reproval of the violations of human rights involved and of commitment to avoid their
repetition.60 The first aspect of reparation of non-pecuniary damages will be
discussed in this section, and the second aspect will be addressed in the following
one (infra 68 and ff.).
Arguments of the representatives of the victims
57.
The representatives of the victims stated that compensation for non
pecuniary damages must consider:
a)
the suffering of Bámaca Velásquez, caused by his capture and
protracted clandestine detention, and the physical and psychological
tortures inflicted by State authorities in the course of 4 months, as
well as the moral detriment to his relatives as a result of those same
facts;
b)
the denial of justice faced by the families and the defenselessness this
caused for them, because despite Jennifer Harbury’s efforts to obtain
information about what happened, “the State has not yet satisfied
their right to find out what happened and to know the truth”.
Furthermore, they pointed out the existence of State activities tending
to guarantee impunity of those responsible of the facts in this case and
to obstruct steps to determine the whereabouts of Bámaca Velásquez,
all of which intensified the pain suffered by Mrs. Harbury and the other
relatives;
c)
non compliance by the State with its obligation to prevent, investigate,
punish, and repair the consequences of the violations and,
furthermore, the threats and harassment campaign suffered by
Jennifer Harbury as a consequence of the steps she took to attempt to
clarify the facts in this case.
This harassment campaign was
prejudicial to her image and attacked her credibility in society, “all of
this with the aim of ensuring impunity and perpetuating Mrs. Harbury’s
pain”; and
d)
the uncertainty of the next of kin of Bámaca Velásquez because they
did not know his whereabouts while he was detained, and after his
death the fact that his mortal remains were hidden, has not allowed
them to “rebuild the future based on truth about the past”, and this
has worsened their suffering.
Therefore, they requested that the Court set the amount of US$100,000.00 (one
hundred thousand United States dollars) for the moral damages suffered by Efraín
60
See Cantoral Benavides Case, Reparations, supra note 5, para. 53; and Villagrán Morales et al.
Case, Reparations, supra note 5, para. 84.
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