Juan Humberto
Sánchez
Donatila
Argueta
Juan José Vijil
and Dominga
Sanchez
Domitila Vijil
Sánchez
Reina Isabel
Sánchez
TOTAL
Reparation for pecuniary damage
Lost
Expenses
Medical
income
during
and
87
search
moving
expenses
US$25,000.0
0
US$1,500.00 US$1,500.0 US$500.00
0
US$200.00 US$8,000.0
0
Total
US$25,000.00
US$3,500.00
US$8,200.00
US$1,500.00
US$1,500.00
US$1,500.00
US$1,500.00
US$39,700.00
B) NON-PECUNIARY DAMAGE
168. The Court will now consider those injurious effects of the facts of the case
that are not financial or patrimonial in nature. Non-pecuniary damage can include
both suffering and affliction caused to the direct victims and their relatives,
detriment to the persons’ very significant values, and non-pecuniary alterations to
the conditions of life of the victim or his family. Since it is not possible to assign a
precise monetary equivalent to non-pecuniary damage, for purposes of
comprehensive reparation to the victims it can only be compensated for in two ways.
First, by means of the payment of an amount of money or the delivery of goods or
services that are appraisable in monetary terms, determined by the Court applying
judicial discretion in a reasonable manner and in terms of fairness. And second, by
the performance of acts or works with a public scope or repercussion that attain
effects such as remembrance of the victims, acknowledgment of their dignity,
consolation of their relatives or transmitting a message of official reproval of the
human rights violations involved and of commitment with efforts to avoid
recidivism.174 The first aspect of reparation for non-pecuniary damage will be
analyzed in this section, and the second aspect will be addressed in the following
one.
Pleadings of the representatives of the victim
169. The representatives of the victim alleged, regarding non-pecuniary damage,
the following:
a)
it is part of human nature that any person subject to aggression and
humiliation will experience moral suffering, for which reason it is unnecessary
to prove this fact; therefore, the representatives asked the Inter-American
Court to set an amount in fairness as compensation for the non-pecuniary
damage suffered by Juan Humberto Sánchez and his next of kin; and
b)
the Sánchez family has had to suffer harassment and threats,
especially within the community where they lived and also by the State;
174
Cf. El Caracazo Case, Reparations, supra note 4, para. 94; Trujillo Oroza Case. Reparations, supra
note 22, para. 77; and Bámaca Velásquez Case, Reparations, supra note 153, para. 56.
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