monitor compliance in this case. In view of the foregoing, in relation to the requests on the
adoption of legislative, administrative and other measures related to the investigations on
forced disappearances and the implementation of a policy on human rights training, the Court
considers that the delivery of this Judgment and the reparations ordered in this chapter are
sufficient and adequate to remedy the violations suffered by the victims.
F. Compensation
126. The Commission requested that the human rights violations declared in the Merits
Report be adequately repaired, both in material and moral terms, including fair compensation.
127. The representative referred to the concept and scope of consequential damages and
lost wages, but did not refer to the amounts claimed under this concept. In addition, it referred
to the case law of the Court on moral redress and requested that the Court determine the
amount under the concept of reparations for the next of kin of Mr. Garzón Guzmán.
128. The State did not specifically refer to this matter.
129. It is incumbent on the Court to determine the compensation due for the violations
declared in this Judgment under the concept of pecuniary and non-pecuniary damages.
F.1 Pecuniary damages
130. The Court has developed its jurisprudence on the concept of pecuniary damages and
has established that it presupposes the loss or the detriment of income of the victims, the
expenses made because of the events and the consequences of a pecuniary nature that have
a causal nexus with the facts of the case. 105 The representative did not submit evidence
regarding the amounts relating to pecuniary damage. In any event, it may be presumed that
the next of kin of Mr. Garzón Guzmán incurred expenses due to the disappearance. The Court
recalls that, before the disappearance of the victim, Clorinda Guzmán made several efforts
with different Ecuadorian institutions and organizations to obtain information on the fate and
whereabouts of her son. For this reason, the Court is of the opinion that the State must grant
compensation for such expenses, since they have a direct causal nexus with the facts of this
case. As there are no vouchers to determine the exact amount of the expenses arising from
those activities, in view of the specific circumstances of the case the Court deems it pertinent
to set, in equity, the amount of USD $10,000.00 (ten thousand United States dollars), as
compensation under the concept of consequential damages, which is to be delivered to
Clorinda Guzmán de Garzón.
131. The Court considers, as it has in other cases of forced disappearances, 106 that in this
case in which the whereabouts of the victim is not known, it is possible to apply the criteria
of compensation for loss of income, which includes the income that he would have received
during his expected lifetime. Bearing in mind the age of the victim when he disappeared, the
value of a minimum salary in Ecuador during the time that his whereabouts was not known,
the life expectancy in Ecuador107 and on the basis of the criterion of equity, the Court sets, in
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series
C No. 91, para. 43 and Case of Muelle Flores v. Peru. Preliminary Objections, Merits, Reparations and Costs, supra,
para. 246.
105
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 46 and 47 and Case of
Vásquez Durand et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs, supra, para. 230.
106
107
Cf. Data of the World Bank on the life expectancy of those who were born in Ecuador in 1990. Available at:
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