Considerations of the Court
301. In its case law, the Court has developed the concept of non-pecuniary damage and
has established that this “may include both the suffering and difficulties caused to the direct
victim and his next of kin, the impairment of values that are of great significance to the
individual, as well as the changes, of a non-pecuniary nature, in the living conditions of the
victim or his family.”318 Given that it is not possible to allocate a precise monetary
equivalent to non-pecuniary damage, it can only be compensated, in order to achieve the
integral reparation of the victim, by the payment of a sum of money or by the delivery of
goods and services that have a monetary value, determined by the Court by the reasonable
application of sound judicial discretion and based on equity.319
302. In addition, the Court reiterates the compensatory nature of indemnities, the type
and amount depend on the harm caused, so that they should not entail either the
enrichment or the impoverishment of the victims or their heirs. 320
303. The Court has maintained that non-pecuniary damage is evident, because it is
inherent in human nature that any person who endures a violation of his human rights
experiences suffering.321 However, this suffering does not necessarily have to be redressed
with money. Depending on the specific case, adequate reparation could be the Court’s
delivery of a judgment sentencing the State.322
304. In this case, in their affidavits, several of the judges who were terminated and
subjected to impeachment proceedings referred to the effects that the events had had on
them. Thus, Mr. Herrería Bonnet stated that “[t]he termination […] had severe effects on his
personal and family life,” because “[t]he extensive media coverage of the activities of the
Ecuadorian Congress and the unfounded accusation that it had made, […] ended up
affecting [his] right to honor and a good reputation,” and that “it caused distress in [his]
home, because its peace, privacy and family harmony were jeopardized.” In addition, he
stated that “there are members of the public who do not understand that the termination of
which [he] was the victim was unjustified, and the doubt remains that [he] may have
committed an offense.” Mr. Jaramillo Córdova felt that “it affected [his] daily work in [his]
professional field and, for the same reason, [he] was marginalized from some possible
functions that he would have liked to occupy.” Mr. Terán Cevallos declared that the events
made him feel “an unspeakable anguish and a feeling of helplessness […], to such a degree
that [he] experienced a state of depression and stress that affected [him] for a long time,”
and that “[t]he emotional crisis […] affected [his] family.” He indicated that he “was unable
318
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, para. 84,
and Case of Mendoza et al. v. Argentina, para. 350.
319
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C
No. 88, para. 53, and Case of Vélez Loor v. Panama. Preliminary objections, merits, reparations and costs.
Judgment of November 23, 2010 Series C No. 218, para. 310.
320
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of
May 25, 2001. Series C No. 76, para. 79, and Case of Artavia Murillo et al. ("In vitro fertilization") v. Costa Rica,
para. 362.
321
Cf. Case of Reverón Trujillo v. Venezuela, para. 176, and Case of the Massacres of El Mozote and nearby
places v. El Salvador. Merits, reparations and costs. Judgment of October 25, 2012. Series C No. 252, para. 383.
322
Cf. Case of Fermín Ramírez v. Guatemala. Merits, reparations and costs. Judgment of June 20, 2005.
Series C No. 126, para. 130, and Case of Reverón Trujillo v. Venezuela, para. 176.
87