23.
Given these circumstances, the Court should have awarded reparations as it has customarily
done. The decision not to award compensatory indemnification for nonpecuniary damage to the
family members held as victims in the judgment, with the argument that the direct victim was
considered a terrorist or the perpetrator of unlawful acts that should be energetically decried, could
prove discriminatory in view of the Court’s precedents in similar cases, when family members are
exposed to reproach for acts they did not commit, and bearing in mind that the families of the direct
victims are victims in their own right.45 Of course, it would be important to evaluate the amount to
be awarded based on the standards developed by the Inter-American Court, and in view of the
particular features of the case, but the Court should not fail to award compensatory damages when
the violations and injury to family members have been proven and established.
Eduardo Ferrer Mac-Gregor Poisot
Judge
Pablo Saavedra Alessandri
Registrar
Cf. I/A Court HR. Case of Bueno Alves v. Argentina. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C
No. 164, para. 102; Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007.
Series C No. 163, para. 137, and Case of the Miguel Castro Castro Prison v. Peru. Merits, Reparations and Costs. Judgment
of November 25, 2006. Series C No. 160, para. 335.
45
7
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