24
64.
The State mentioned that “derived [from the acknowledgment of international
responsibility] in the present case [it had] grant[ed] an economic compensation to
[the next of kin] of the victims in compliance with the recommendations of the
Commission […].” Said amount was stipulated in the (supra para. 16). It added that
“it does not share the position that said amounts be deducted from those
appropriately set by the […] Court, nor that they be considered decisions adopted
domestically, since, even though it is true that they result from an agreement
between the parties, it is also true that they result from the compliance with the
recommendations issued by the [Commission], which is not a domestic mechanism
but a [b]ody of the Inter-American Human Rights Protection System. Additionally,
said compensation was not imposed by the State, nor did it derive from a process of
national compensation, on the contrary, it resulted from the substantiation of a case
on violations to Human Rights against the State at an international level. Likewise, it
can be determined that the amounts granted are not typical of the domestic
compensation mechanisms, since it exceeds them significantly […].”
65.
This Tribunal reiterates that according to its jurisprudence a judgment in a
case of a violation of rights is per se a form of reparation.78 However, given the
characteristics of the cases submitted before it, the Tribunal has considered that one
of the modalities of reparation of the violations to human rights committed is the
compensation for pecuniary and non-pecuniary damages. In the case sub judice, the
State indicated that “it agreed on the amount of [two million quetzales]
(2,000,000.00) as economic reparation” and that “payment of the economic
compensation was made […] on December 29 and 30, 2005.”79 (supra para. 16(c))
66.
The Court values the payment of compensations made by the State based on
the Agreement signed by the parties (supra para. 15(c)) and considers that the
amount granted not only reflects the will of the parties but it is adequate and fair
according to jurisprudential criteria. As indicated by the State, the compensation
granted was not imposed by it, nor did it result from a domestic compensation
process, it was the result of the substantiation of a case before the Inter-American
Human Rights System. (supra para. 64) Therefore, this Tribunal does not consider it
necessary to set additional compensations.
C) Other Forms of Reparation: Obligation to investigate, Measures of
Satisfaction, Rehabilitation, and Guarantees of non-repetition.
67.
The Tribunal will determine the measures of satisfaction that seek to repair
the non-pecuniary damage and that do not have a pecuniary nature and it will define
measures with a public scope or effect.80
78
Cfr. Case of Neira Alegría et al. v. Peru, supra note 77, para. 56; Case of Heliodoro Portugal v.
Panama, supra note 17, para. 239, and Case of Bayarri v. Argentina, supra note 17, para. 164.
79
Cfr. Copy of the administrative settlement records (dossier of annexes to the respondent’s plea,
annex I, folios 2 through 19).
80
Cfr. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 84; Case of Heliodoro Portugal v. Panama, supra note
17, para. 240, and Case of Bayarri v. Argentina, supra note 17, para. 164.