Considerations of the Court 283. In its case law, the Court has developed the concept of pecuniary damage and has established that this supposes “the loss of, or detriment to, the income of the victims, the expenses incurred based on the facts, and the consequences of a pecuniary nature that have a causal nexus with the facts of the case.”295 284. The Court has also developed the concept of non-pecuniary damage in its case law and the assumptions in which it should be compensated. Non-pecuniary damage “may include both the sufferings and difficulties caused to the direct victim and his next of kin, the impairment of values that are very significant to the individual, and also the changes of a non-pecuniary character in the living conditions of the victim or of his or her family."296 285. Based on its case law, and considering the circumstances of this case, the violations committed, the harm caused and the change in the living conditions, the proven effects on the personal integrity of the next of kin of the victims, and the other consequences of a pecuniary and non-pecuniary nature that they suffered, the Court establishes, in equity, the following sums in favor of the victims, as compensation for pecuniary and non-pecuniary damage: Name Rumaldo Juan Pacheco Osco Fredesvinda Tineo Godos Frida Edith Pacheco Tineo Juana Guadalupe Pacheco Tineo Juan Ricardo Pacheco Tineo US$ US$ US$ US$ US$ Amount 10,000.00 10,000.00 5,000.00 5,000.00 5,000.00 E. Reimbursement of expenses to the Victims’ Legal Assistance Fund 286. In 2008, the General Assembly of the Organization of American States established the Legal Assistance Fund of the inter-American human rights system, “in order to “facilitate access to the inter-American human rights system by persons who currently lack the resources needed to bring their cases before the system.” 297 In the instant case, since two inter-American defenders were appointed to represent the victims (supra para. 4), an Order of the President of the Court of February 19, 2013, decided that access to the Legal Assistance Fund would be granted to cover the reasonable and necessary expenses arising from this representation. 298 These expenses consisted of: (i) the visit to Chile of the inter-American defenders (Roberto Tadeu Vaz Curvo and Gustavo Zapata Báez) to interview the presumed victims; (ii) the necessary travel and accommodation for the two inter-American defenders to attend the public hearing; (iii) the necessary travel expenses for Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos to attend the public hearing, and iv) the expenses for preparing and sending the affidavit with the expert opinion of Mario Uribe Rivera. 295 Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No. 91, para. 43, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, para. 282 296 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 the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, para. 303. 297 AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the thirty-eighth General Assembly of the OAS, during the fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American Human Rights System,” operative paragraph 2(b), operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted by the OAS Permanent Council on November 11, 2009, “Rules of Procedure for the Legal Assistance Fund of the InterAmerican Human Rights System,” article 1(1). 298 Both the Rules for the Operation of the Fund, and the regulations contained in the agreement signed by the Inter-American Court and AIDEF apply. 83

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