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compensation for “loss of earnings”; this was equivalent to approximately
US$388,500.00 at the exchange rate in force when the judgment was delivered. When
awarding this “loss of earnings” in favor of the next of kin, the Colombian Council of
State took into account the amount of money those who were financially dependent on
the victim failed to perceive from him. Thus, in this case, the Council granted the loss
of earnings to Olga Navia Soto, and confirmed the decision of the administrative
court;332 namely, not to establish an amount for this concept in favor of the Senator’s
children, considering that, since they were adults, they were not financially dependent
on the deceased victim.
246. The Court considers that, when national mechanisms exist to determine forms
of reparations, these procedures and results can be assessed (supra para. 139). If
these mechanisms do not satisfy criteria of objectivity, reasonableness and
effectiveness to make adequate reparation for the violations of rights recognized in the
Convention that have been declared by this Court, it is for the Court, in exercise of its
subsidiary and complementary competence, to order the pertinent reparations. In this
regard, it has been determined that the next of kin of Senator Cepeda Vargas had
access to the administrative courts, which established compensation for loss of
potential earnings based on objective and reasonable criteria. Consequently, the Court
assesses positively the measures taken by the domestic courts in this case, 333 and finds
that the amount established by these courts is reasonable in terms of its case law.
247. On the other hand, having analyzed the information provided by the parties, the
facts of the case, and its case law,334 the Court observes that, even though the
vouchers for the expenses were not provided it can be presumed that Senator Manuel
Cepeda’s direct family incurred various expenses as a result of his execution. The State
acknowledged that these expenses were not covered at the domestic level. Besides, it
should be noted that Iván Cepeda Castro and Claudia Girón had to leave the country
as a result of the facts, so they incurred different expenditure in relation to their living
expenses abroad and their re-establishment in Colombia. Consequently, the Court
finds that, to make reparation for this damage, in equity, the sum of US$40,000.00
(forty thousand United States dollars) should be granted to Iván Cepeda Castro and
Claudia Girón, and the sum of US$10,000.00 (ten thousand United States dollars) to
María Cepeda Castro and Olga Navia Soto (infra para. 260).
D.2
Non-pecuniary damage
248. The Commission asked that the Court “establish, in equity, the amount of
compensation for non-pecuniary damage.” Regarding the compensation awarded for
“moral damage” by the domestic courts, the representatives alleged that it did not
include the different dimensions of the suffering of the Senator’s next of kin, such as
the alteration of their life projects in order to undertake the search to obtain justice (in
the case of Claudia Girón, Iván and María Cepeda Castro); the threats, acts of
harassment, public accusations, and exile to which Claudia Girón, María Estella Cepeda
Vargas, Iván and María Cepeda Castro were subjected, and the physical and mental
problems suffered by all the siblings, especially Ruth and Estella Cepeda Vargas,
332
Cf. Judgment delivered by the Third Section, of the Decision Chamber of the Administrative Court
(Decongestion) in case No. 12680 on February 8, 2001, supra note 126, folios 8076 to 8098.
333
334
Cf. Case of the La Rochela Massacre, supra note 16, para. 245.
Cf. Case of the Miguel Castro Castro Prison v. Peru, supra note 56, para. 428; Case of Servellón García et
al. v. Honduras, supra note 56, para. 177; and Ximenes Lopes v. Brazil. Merits, reparations and costs. Judgment of
July 4, 2006. Series C No. 149, para. 226.
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