C.4. Other measures
200. The Commission requested that the State be ordered to adopt the necessary nonrepetition measures to prevent similar events from occurring in the future, including effective
mechanisms for the search and identification of mortal remains of persons who disappeared
during the military dictatorships that occurred in Bolivia. The representative requested that
the State be ordered to take a series of additional measures of satisfaction and non-repetition:
a)to ensure that the Armed Forces pay homage once a year to the memory of an exemplary
citizen; (b) to make a biographical film of Juan Carlos Flores Bedregal; (c) to give the name
of Juan Carlos Flores Bedregal to a hall of the Plurinational Legislative Assembly, as well as
to an environmental education park in the city of Sucre; (d) to create an Institute of
Environmental Policy and Ethics focused on generating studies and gathering scientific
research to propose environmental policies and legislation; (e) upgrading the Juan Carlos
Flores Bedregal School; (d) to create mechanisms for the search for and identification of
mortal remains of disappeared persons that occurred during dictatorships; (f) create a Special
Search Commission for Mr. Flores Bedregal, which must have appropriate and suitable human,
financial and scientific resources to determine the whereabouts of the victim; (g) implement
training programs for members of the Public Prosecutor's Office, the National Police, the
judiciary and law students on forced disappearance; (h) to create a specialized human rights
prosecutor's office; The State generally rejected the above claims.
201. With respect to the aforementioned reparation measures requested, the Court
considers that the reparations ordered in this Chapter are sufficient and appropriate to repair
the violations of the American Convention established in this judgment.
D. Compensation
D.1. Pecuniary damages
202. In its case law, the Court has developed the concept of pecuniary damages and the
hypotheses under which it must be compensated. This Court has established that pecuniary
damages involve "the loss or impairment of the victims’ income, expenses made resulting
from the events, and pecuniary consequences that have a causal link to the facts of the
case.” 234
D.1(1). Consequential damages
203. The Commission also sought compensation for material damage, in the form of fair
compensation. The representatives requested compensation for other expenses arising
from the damage caused by the alleged violations, such as medical expenses and actions to
add visibility to the case. The victim's family do not have proof of the aforementioned
expenses. Therefore, the representatives asked the Court to determine in equity the amount
corresponding to the material damage to be paid to the next of kin, in the amount of
USD$15,000.00 (fifteen thousand United States dollars).
204. The State argued that the Flores Bedregal sisters had the possibility of obtaining
payment of the consequential damages through a civil proceeding derived from the two
judgments issued in the national jurisdiction, and therefore their claim is not viable.
234
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. judgment of February 22, 2002. Series
C No. 91, para. 43, and Case of Deras García et al. v. Honduras, supra, para. 123.
57