42
instant case, the suffering the events have caused to the relatives of the minor
Gerardo Vargas-Areco, the changes in their way of living and other consequences of
a non-pecuniary nature they bore, the Court considers appropriate to order payment
of compensation, assessed on equitable grounds, for the non-pecuniary damage
sustained.78 In prior cases, the Court has found that once a State acknowledges its
international liability, no evidence is to be submitted to prove the damage caused.79
The Court has taken into account the testimonies of witnesses and expert witnesses.
151. Considering the various aspects of the non-pecuniary damage caused, the
Court orders, based on equitable grounds, payment of the amount of US$ 62,000.00
(sixty-two thousand United States dollars) or its equivalent in Paraguayan currency
as compensation for the non-pecuniary damage sustained by the relatives of the
minor Vargas-Areco. Said amount must be delivered as follows (supra para. 144,
beneficiaries):
a)
US$ 20,000.00 (twenty thousand United States dollars) or its
equivalent in Paraguayan currency to the child’s mother, Mrs. De Belén Areco,
for the significant suffering endured;
b)
US$ 15,000.00 (fifteen thousand United States dollars) or its
equivalent in Paraguayan currency to the child’s father, Mr. Pedro Vargas;
and
c)
US$ 3,000.00 (three thousand United States dollars) or its equivalent
in Paraguayan currency, to each brother or sister of Gerardo Vargas-Areco,
namely: Juan, María Elisa, Patricio, Daniel, Doralicia, Mario, María Magdalena,
Sebastián and Jorge Ramón, all of them members of the Vargas-Areco family.
D)
OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND NON-REPETITION GUARANTEES)
152. As regards to measures of satisfaction aimed at redressing non-pecuniary
damage,80 the Court finds:
a)
Obligation to investigate the events that resulted in violations in the instant
case, and to identify, prosecute and punish those responsible
153. The Court has repeatedly found that States have the duty to avoid and fight
impunity, defined as the “overall failure to investigate, arrest, prosecute and convict
those responsible for violations of the rights protected under the American
78
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 131; Case
of Ximenes-Lopes, supra note 3, para. 235; Case of the Ituango Massacres, supra note 3, para. 387.
79
Cf. Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 96; Case of
Trujillo Oroza, Reparations (art. 63(1) American Convention on Human Rights). Judgment of February 27,
2002. Series C No. 92, para. 85; Case of Garrido and Baigorria, Reparations (art. 63(1) American
Convention on Human Rights). Judgment of August 27, 1998. Series C No. 39, para. 49.
80
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 136; Case
of Ximenes-Lopes, supra note 3, para. 240; Case of the Ituango Massacres, supra note 3, para. 396.
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