unable to play their spiritual role, have caused profound suffering to Pascual Huentequeo
Pichún Paillalao, Florencio Jaime Marileo Saravia, Juan Patricio Marileo Saravia, Juan
Ciriaco Millacheo Licán, José Benicio Huenchunao Mariñán and Aniceto Norín
[Catrimán].” It added that “almost 10 years have passed since […] they were first
detained, without obtaining any acknowledgement of these violation, or any redress.” It
indicated also that “the life project” of these victims “was profoundly altered” because “it
was a time during which people usually start a family life,” or “they already had
numerous children to educate.” It affirmed that all this “also had serious consequences
for the family unit” and, in this regard, referred “to the psychological impact it has had
on each member of the families” and on the communities. In its brief with final
arguments, the FIDH indicated that, in the case of the victim Pascual Huentequeo Pichún
Paillalao, “his wives and children should be able to benefit from the reparation that he
would have received […] if he was still alive.”
441. The Court has developed in its case law the concept of pecuniary damage and has
established that this supposes “the loss or detriment to the income of the victims, the expenses
incurred as a result of the facts, and the consequences of a pecuniary nature that have a causal
nexus with the facts of the case.”428 The Court has also developed the concept of non-pecuniary
damage and has established that this “may include both the suffering and afflictions caused to
the direct victim and his family, the impairment of values that have great significance for the
individual, as well as the changes of a non-pecuniary nature, in the living conditions of the
victim or his family.”429
442. With regard to the compensation requested by the common interveners for loss of
earnings, the Court notes that, in their motions and arguments briefs, they included an
estimate of the income that the victims failed to receive while they were deprived of liberty or in
hiding (supra para. 439). In this regard, the Court observes that it has no probative elements
that substantiate the said calculation, or information on the income that the victims received
before the events that resulted in the human rights violations declared in this case. However,
the Court notes, based on the statements made by the victims and by the members of their
families that, prior to the events, the victims carried out agricultural and animal-raising
activities, mainly in a collective manner with their communities, which were affected following
their prosecution and deprivation of liberty, with a significant impact on the economy and
subsistence of the families, who faced financial difficulties, a deterioration in their living
conditions, and changes in the roles of family members.430
443. The Court observes that, owing to the activity carried out by the victims, it is not
possible to determine their precise monthly income. However, bearing in mind the activity
carried out by the victims as their means of subsistence, the particularities of the instant case,
the violations declared in this Judgment, as well as the time the victims remained deprived of
liberty or in hiding, it is possible to infer that, while the prosecution and deprivation of liberty
lasted, they were unable to devote themselves to their usual remunerative activities or provide
for their families as they did prior to the events.
428
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No.
91, para. 43, and Case of Liakat Ali Alibux v. Suriname, para. 153.
429
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 Liakat Ali Alibux v. Suriname, para. 156.
430
Cf. Affidavits prepared on May 14, 2013, by witnesses Freddy Jonathan Marileo Marileo and Lorenza Saravia
Tripaillán; on May 16, 2013, by witnesses Matías Ancalaf Prado, Karina del Carmen Prado Figueroa and Flora Collonao
Millano, on May 17, 2013, by presumed victim José Benicio Huenchunao Mariñán and by witness Pascual Alejandro Pichún
Collonao; written statement made on May 27, 2013, by Segundo Aniceto Norín Catrimán (file of statements of presumed
victims, witnesses and expert witnesses, folios 29, 30, 82, 83, 213, 235, 237, 248, 255, 256 and 639), and statement made
by Víctor Manuel Ancalaf Llaupe before the Inter-American Court during the public hearing held on May 29 and 30, 2013.
144
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