requested for the next of kin of Ricardo David Videla, it emphasized that they had received
pecuniary compensation under the friendly settlement agreement endorsed by the
Commission in Report No. 84/11.
D.1.2. Considerations of the Court
348. Regarding the amounts requested by the representative for loss of earnings, the
Court observes that she forwarded a table to the Court showing the evolution of the
minimum living wage in Argentina between 1964 and 2008; decisions issued by the National
Council for Employment, Productivity and the Minimum Living and Mobile Wage in 2009,
2010 and 2011 establishing changes to the minimum wage during those years; and a table
outlining life expectancy at birth in Argentina for 2003 to 2011. 409 However, the Court
observes that it does not have any evidence to prove that the youths César Alberto
Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and
Ricardo David Videla performed remunerated activities prior to the imposing of the life
sentences or other facts that resulted in the human rights violations declared in this case
(supra para. 346). Therefore, the Court does not consider it appropriate to order reparations
under this heading.
349. Regarding consequential damage, the Court observes that the representative only
specified the alleged expenses incurred by some of the next of kin of the said victims. 410 In
addition, the Court does not have probative elements that prove the amounts that the next
of kin of César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristian
Roldán Cajal and Ricardo David Videla would have disbursed to cover the costs of transfers
to the detention centers where the youths were being held and to provide them with food or
other essential items for their personal hygiene. Nevertheless, the Court finds it reasonable
to presume that these family members incurred expenses of this type during the period in
which the victims were detained, which was prolonged owing to the imposing of life
sentences in violation of their human rights. Therefore, as compensation for pecuniary
damage, the Court establishes, in equity, the amount of US$1,000.00 (one thousand United
States dollars) in favor of each of the following persons: Isolina del Carmen Herrera,
Romina Beatriz Muñoz, Ana María del Valle Brito, Jorgelina Amalia Díaz, Marta Graciela
Olguín, Florinda Rosa Cajal and Stella Maris Fernández.
D.2. Non-pecuniary damage
350. The Court has developed in its case law the concept of non-pecuniary damage and
has established that it “may include both the suffering and distress caused to the direct
victims and their families, the impairment of values that are highly significant to them, and
other alterations of a non-pecuniary nature in the living conditions of the victims or their
families.” 411
D.2.1. Arguments of the Commission and pleadings of the parties
351. The Commission considered that the State should “provide adequate non-pecuniary
compensation for the human rights violations declared in the [Merits Report …].” The
409
Cf. Annex XL, Minimum Living and Mobile Wage (file of annexes to the pleadings and motions brief, tome
XIV, folios 7692 to 7705).
410
The representative referred to Isolina del Carmen Herrera, Romina Beatriz Muñoz, Ana María del Valle
Brito, Jorgelina Amalia Díaz, Marta Graciela Olguín, Florinda Rosa Cajal and Stella Maris Fernández.
411
Cf. 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, and Case of García and family members v. Guatemala, para. 224.
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