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.
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