validity, or provide any information indicating their possible shortcomings. To the contrary,
the Commission emphasized the importance of the steps taken by the State as regards the
programs and actions it has been implementing in this area, and both the Commission and
the representative expressed their wish that the State continue strengthening the special
programs for the protection of journalists at risk and the investigation of crimes committed
against them. Since the State has taken certain actions to implement the measure of
reparation requested and, taking into consideration that it has expressed its “absolute
commitment” to comply with it, the Court does not consider it appropriate to order the
requested measure. Nevertheless, the Court finds it extremely important to urge Colombia
to comply with the said commitment to continue taking all necessary measures to adopt and
strengthen the special programs designed to protect journalists at risk and to investigate
the crimes committed against them.
D) Compensation
291. Before determining compensation, the Court takes note that the State indicated that,
when establishing the amounts corresponding to damage, the Court should “abide by what
has really been proved in the proceedings, in keeping with the causal nexus that the Court
finds has been effectively demonstrated.” It also asked the Court to “reject all those
assertions that seek to substantiate damage and that are based exclusively on the
statements of the victims or their representative when, owing to their nature, […] they
require special probative support.”
D.1) Pecuniary damage
292. In its case law, the Court has developed the concept of pecuniary damages and the
assumptions under which it must be compensated. This Court has established that
pecuniary damage supposes “the loss of or detriment to the victims’ income, the expenses
incurred owing to the facts, and the consequences of a pecuniary nature that have a causal
nexus with the facts of the case.”266
D.1.a) Loss of earnings
293. The representative asked the Court to order payment to Mr. Vélez Restrepo for loss
of earnings, because “as of October 6, 1997, […] he abandoned his usual professional work
until 2004, the date on which he obtained a one-year work contract” and, despite having
had several jobs for his own account, “he has been unable to [re-establish] a professional
activity with a regular income that would allow him to support his family in similar
conditions […] to those they enjoyed in Colombia.” In addition, he explained that it was
complicated to calculate the losses and harm to the earnings of Mr. Vélez, owing to the
changes in his finances as a result of his exile and the different socio-economic conditions
between his life as a professional in Colombia prior to the facts and his situation in the
United States as of 1997, “where he has not enjoyed work stability, so that the loss of
earnings has persisted over time.” In order to determine this, he forwarded a calculation
with an estimate of the earnings Mr. Vélez failed to perceive, but also asked the Court to
“establish in equity” the compensation corresponding to the loss of earnings of Mr. Vélez,
“without this being less than US$175,000.00, an amount that represents approximately half
from the Ministry of Foreign Affairs of Colombia (annexes to the answering brief, annex 1, merits file, tome I, folios
432 to 454).
266
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002.
Series C No. 91, para. 43, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and
reparations, para. 309.
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