Bearing in mind the victim’s age at the time of his disappearance, the minimum wage in Colombia
during the time that his whereabouts have remained unknown, and life expectancy in Colombia,
and based on the criterion of equity, the Court hereby decides to set, in equity, the total amount
of ninety thousand United States dollars (USD 90,000.00) for Pedro Julio Movilla’s lost earnings,
to be distributed as follows: forty-five thousand United States dollars (USD 45,000.00) for
Candelaria Nuris Vergara, and the remainder, in equal parts, for Mr. Movilla’s children.
246.
The Court has also developed the concept of non-pecuniary damage in its case law, and
has established that they may include both the suffering and afflictions caused to the direct
victims and their relatives, and detriment to values that are very significant values for
individuals, as well as non-monetary changes in the living conditions of victims or victims’
families.238 On the other hand, since it is not possible to assign a precise monetary equivalent
to non-pecuniary damage, this can only be compensated, for the purposes of comprehensive
reparation to the victims, through the payment of a sum of money or the delivery of goods or
services that can be assessed monetarily, as prudently determined by the Court, applying judicial
discretion and the principle of equity.239
247.
Based on the compensation ordered by the Inter-American Court in other cases of forced
disappearance of persons, the circumstances of the present case, and the essence, nature and
seriousness of the violations committed, the Court deems it pertinent to set, in equity, the
amount of one hundred thousand United States dollars (USD 100,000.00) for Pedro Julio Movilla.
Fifty per cent (50%) of this sum should go to Candelaria Nuris Vergara, with the remaining fifty
per cent (50%) being distributed equally among Mr. Movilla’s children, namely: Carlos Julio
Movilla Vergara, José Antonio Movilla Vergara, and Jenny Movilla Vergara.
248.
In relation to the non-pecuniary damage suffered directly by Mr. Movilla’s relatives
(supra para. 193), the Court considers, in equity, that it is appropriate to order the State to pay
the following amounts as compensation: a) to Candelaria Nuris Vergara: fifty-five thousand
United States dollars (USD 55,000.00); b) to each of Mr. Movilla’s children: forty-five thousand
United States dollars (USD 45,000.00); c) to each of Mr. Movilla’s siblings and to Erasmo de la
Barrera:240 twenty thousand United States dollars (USD 20,000.00); and d) to each of Mr.
Movilla’s other relatives deemed to be victims in this judgment: ten thousand United States
dollars (USD 10,000.00).
H) Costs and Expenses
249. The representatives explained that they had been acting in the case at the national and
international levels since 1993. They asked that the State be ordered to pay fifty-one thousand
sixty-one United States dollars (USD 51,061) for the expenses they had incurred. They added
that the Court should bear in mind that expenses would also be incurred during the merits and
monitoring of compliance stage.
250. The State asked that amount recognized for costs and expenses be reasonable. The
Commission did not refer specifically to this request.
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 Maidanik et al. Uruguay, supra, para. 274.
239
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, para. 84; and Case of Pavez
Pavez v. Chile, supra, para. 197.
240
In relation to Erasmo de la Barrera, the representatives have pointed out that he is Pedro Movilla’s “foster
brother,” and demonstrated the close relationship that existed between them (supra para. 176). Therefore, Erasmo de
la Barrera must be regarded as Mr. Movilla’s sibling for the purposes of pecuniary compensation for the non-pecuniary
damage that Erasmo de la Barrera suffered. (Cf., in the same vein, Case of the 19 Merchants v. Colombia, supra, para.
232).
238
62
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