106 institutionalization, as well as with the respect of human rights. The Commission will be able to require any information and document directly from the public organs and entities, promote public hearings, determine the elaboration of expert investigations and procedures, require assistance from entities in gathering testimonies from persons in any way related to the facts and examined circumstances, among other powers. 296. The Court values positively the actions carried out by the State to advance the understanding and recognition of the facts of the present case. Specifically, the Court appreciates the various initiatives of the State in advancing the clarification of the facts by, among others, the Special Commission on Political Deaths and Disappearances of Persons, the Interministerial Commission, the creation of the Revealed Memories Archive, and the commencement of the monitoring of compliance with the judgment of the Ordinary Action No. 82.00.24682-5, efforts that have contributed to the clarification of the facts of the present case and other events during the military regime in Brazil. 297. In regard to the establishment of a National Truth Commission, the Court considers that it is an important mechanism, among others that already exist, to comply with the obligation of the State to guarantee the right to the truth of what occurred. In effect, the establishment of a Truth Commission, depending on its objective, procedures, structure, and purpose of its mandate, can contribute to the construction and preservation of the historic memory, clarification of the facts, and determination of the institutional, social, and political responsibilities of specific historic periods in a society.392 As such, the Court values the initiative of creating a National Truth Commission and urges the State to implement it, using criteria of independence, competence, and transparency in the selection of its members and with the resources and attributions that permit it to effectively comply with its mandate. Nevertheless, the Court deems it appropriate to highlight that the activities and information that this Commission will eventually obtain do not substitute the obligation of the State to establish the truth and ensure the legal determination of individual responsibility by means of criminal legal procedures.393 D. Compensation, costs, and expenses 1. Pecuniary damage 298. The Court has developed in its jurisprudence the concept of pecuniary damages and the situations in which it shall be compensated. This Court has established that pecuniary damage encompasses the “loss or detriment to earnings of the victims, the expenses incurred based on the facts, and the consequences of a pecuniary nature that have a causal link with the facts of this case.”394 299. The Commission considered that the sum of pecuniary compensation that has been agreed upon by means of domestic procedures within Brazil must be recognized as part of the reparation. Based on the aforementioned, it requested 392 Cf. Case of Zambrano Vélez et al., supra note 254, para. 128; Case of Anzualdo Castro, supra note 122, para. 119, and Case of Radilla Pacheco, supra note 24, para. 74. 393 Cf. Case of Almonacid Arellano et al., supra note 251, para. 150; Case of Chitay Nech et al., supra note 25, para. 234, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24, para. 158. 394 Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, para. 43; Case of Rosendo Cantú et al., supra note 45, para. 270, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24, para. 260.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents