110
h)
[His] “life project got frustrated in view of the detriment to his personal
and professional opportunities of advancement caused by [his] detention;”
i)
Due to the hard rules he had to obey during his detention, Urcesino
Ramírez-Rojas could not have access to books or magazines related to his
profession. “In that sense, he could not [s]tay updated in the field of
economics;”
j)
The possibility to resume his life project as “counselor and researcher is
considerably limited given the fact that Urcesino Ramírez-Rojas i[s] now sixty
years old;” and
k)
The reparation that the State should grant “for the damage caused to his
life project, particularly to his professional development, must consist of
providing him the means to take up updating courses within the field of [his]
specialization for at least one year.
Arguments of the State
266.
The State has not submitted any arguments as regards non pecuniary damage.
Considerations of the Court
267. The Court shall now address the non pecuniary injurious effects derived from
the facts in the instant case. Non pecuniary damage may comprise both the pain and
suffering caused to the direct victims and to their next of kin, the impairment of values
which are significant to persons, as well as the non pecuniary damage caused by the
modification of the living conditions of the victims or their next of kin. As it is not
possible to assess an accurate amount to measure such damage, in order to provide
for integral reparation to the victims, said damages could only be compensated in two
ways. Firstly, with the payment of amounts of money or the delivery of goods or
services susceptible of having a pecuniary value, which the Court may determine in its
judicial discretion and in terms of equity. And secondly, by means of acts or works
which may have a public impact, such as the dissemination of an official reproach for
the violations of the human rights involved and a commitment to avoid such violations
in the future, in an attempt to repair the reputation of the victims, the
acknowledgement of their dignity or the relief of their next of kin.193 The first aspect of
the reparation of non pecuniary damage shall be analyzed in this section, and the
second one shall be dealt with in the following section.
268. International case law has repeatedly shown that the judgment is per se a form
of reparation. Notwithstanding, due to the circumstances of the instant case, the
suffering that the facts caused to the victims, and the way they altered the lives of
their next of kin, as well as the non pecuniary or immaterial damage they suffered, the
193
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 282; Case of Gutiérrez-Soler, supra note
6, para. 82; and Case of Acosta-Calderón, supra note 7, para. 158.
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