representative requested the Court to order the State to pay two amounts for non-pecuniary
damages. In the first place, on the grounds of the damage caused to the victim's relatives by
reason of the disappearance, stigmatization and impunity suffered by the systematic denial
of the forced disappearance, as well as by the effects on the life and mental health project of
the relatives, it requested compensation for the non-pecuniary damages of USD $ 300,000.00
(three hundred thousand United States dollars) in favor of Mr. Flores Bedregal, which must
be distributed equally among his sisters. Secondly and with respect to the Flores Bedregal
sisters, for the same amount, in favor of each of the four Flores Bedregal sisters and, in the
case of Ms. Eliana, who died in 2017, that amount must be distributed among the heirs.
211. The State argued that the request for payment described for the alleged violations
against Mr. Flores Bedregal is unfeasible, because the Court cannot rule on facts that occurred
before the recognition of its jurisdiction by the State, in addition to the fact that it was
demonstrated that there are no violations of the rights enshrined in Articles 8, 13, and 25 of
the Convention. On the other hand, it was established in judicial proceedings carried out in
Bolivia that Mr. Flores Bedregal is a victim of murder and not forced disappearance, a crime
that was investigated and punished. Similarly, it ruled in relation to the amount described for
non-pecuniary damages for each of the Flores Bedregal sisters.
212. In its case law, the Court has developed the concept of non-pecuniary damage and
the hypotheses under which it must be compensated. The Court has established that nonmaterial damage includes "both the suffering and distress caused to the direct victims and
their next of kin, and the impairment of values that are highly significant to them, as well as
other sufferings that cannot be assessed in financial terms." 237
213. Because this judgment established the commission of serious human rights violations
by the forced disappearance of Juan Carlos Flores Bedregal by state authorities in violation of
Articles 1(1), 3, 4(1), 5(1), 5(2), and 7(1) of the American Convention, and the breach of
Article I.a) of the Inter-American Convention on Forced Disappearance of Persons, to the
detriment of Mr. Juan Carlos Flores Bedregal, the Court considers it appropriate to order
compensation for non-pecuniary damage, in equity, in the amount of USD$100,000.00 (one
hundred thousand United States dollars) in favor of Mr. Flores Bedregal. The Court considers
that this amount should be distributed in equal parts between Olga Beatriz, Verónica, Eliana
Isbelia, and Lilian Teresa, all with the surnames Flores Bedregal. The share corresponding to
deceased persons shall be distributed among their heirs.
214. On the other hand, with regard to the relatives of the disappeared person, Juan Carlos
Flores Bedregal, who are also victims of the instant case, and considering the circumstances
of the case sub judice, for the suffering that the committed violations caused to his sisters,
for the search for justice, the prevailing impunity in the case regarding the forced
disappearance of Mr. Flores Bedregal, as well as the changes in their living conditions, the
lack of access to information and their effects on humane treatment and the other
consequences of an immaterial or non-pecuniary nature that they suffered, the Court
considers it pertinent to establish compensation, in equity, in the amount of USD $ 50,000.00
(fifty thousand United States dollars) for non-pecuniary damage, in favor of each of the sisters
of Juan Carlos Flores Bedregal, namely: Olga Beatriz, Verónica, Eliana Isbelia, and Lilian
Teresa, all with the surnames Flores Bedregal. The share of deceased persons must be
distributed among their heirs.
237
Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 26, 2001. Series C No. 77, para. 84, and Case of Deras García et al. v. Honduras, supra, para. 123.
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