Pedro Julio Movilla (compensation equal to 300 times the minimum wage); his siblings (an
amount equal to 150 times the minimum wage); and the remaining relatives (compensation
equal to 100 times the minimum wage).
240. Based on the above, the representatives asked for compensation for non-pecuniary
damage for the harm suffered by Pedro Movilla and his relatives, divided up as follows:233 a)
Pedro Julio Movilla: USD 100,000.00, to be distributed as follows: 50 per cent for his wife and
the other 50 per cent to be distributed in equal parts among his children; b) his wife: USD
75,374.40; c) each child: USD 75,374.40; d) each sibling, as well as Erasmo de la Barrera: USD
37,687.20; and e) each of Mr. Movilla’s other relatives: USD 25,124.80.
241. The State asked the Court, if it decided to order financial reparations, to set them in
accordance with the violations acknowledged by the State.
242. With respect to compensation for non-pecuniary damage, the State also asked the Court,
in the event that it decided to order a payment, to bear in mind the principle of equality and
legal certainty in domestic law, recognize the national parameters, and base its compensation
for non-pecuniary damage on the ceiling established in domestic case law, which is a sum equal
to 100 times the legally established minimum monthly wage.234
243. This Court has developed the concept of pecuniary damage in its case law, establishing
that it involves the loss of or detriment to victims’ earnings, the expenses incurred as a result
of the facts, and the monetary consequences that have a causal nexus with the facts of the
case.235 Similarly, its case law has reiterated the entirely compensatory nature of compensation,
the nature and amount of which depend on the harm caused, so it cannot be used for either the
enrichment or the impoverishment of the victims or their heirs.236
244. Although the representatives did not provide evidence regarding the amounts of
compensation for pecuniary damage, it is fair to assume that Pedro Julio Movilla’s relatives
incurred various expenses due to his disappearance and the search that has continued for 29
years. In fact, the Court recalls that, when the victim disappeared, his relatives, and especially
Candelaria Nuris Vergara, took a number of steps to obtain information about Mr. Movilla’s fate
and whereabouts from different Colombian institutions and organizations. The Court therefore
finds that the State must grant compensation for the expenses incurred, since they have a direct
causal link with the violations in this case. As there are no supporting documents to determine
the exact amount of the expenses incurred in the various proceedings, and in view of the
particular circumstances of the case, the Court deems it pertinent to set, in equity, the amount
of fifteen thousand United States dollars (USD 15,000.00) as compensation for consequential
damage, which must be paid within the timeframe established for the purpose (infra para. 254),
to Candelaria Nuris Vergara.
245. With regard to loss of earnings, the Court finds, as it has done in other cases involving
forced disappearance,237 that since the victim’s whereabouts are unknown, the criterion of
compensation for loss of earnings may be applied, meaning his potential lifetime earnings.
The exchange rate applied by the representatives was 1 USD = 3.493.77 COP.
It added that, as of April 27, 2021, the ceiling of 100 times the legally established monthly minimum wage in
effect in Colombia was equal to USD 24,727.97.
235
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No.
91, para. 43; and Case of Pavez Pavez v. Chile, supra, para. 192.
236
Cf. Case of the “Panel Blanca” (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of May
25, 2001. Series C No. 76, para. 79; Case of Ríos Avalos et al. v. Paraguay. Merits, reparations and costs. Judgment of
August 19, 2021. Series C No. 429, para. 205; and Case of the Julien Grisonas Family v. Argentina, supra, para. 300.
237
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs, supra, para. 43; and Case of Maidanik et
al. Uruguay, supra, para. 276.
233
234
61
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents