it is clear that the circumstances surrounding their disappearances caused deep fear and
suffering. Consequently, the Court establishes, in equity, for each of the victims, the sum of
USD 100,000.00 (one hundred thousand dollars of the United States of America), meaning
the total amount stands at USD 200,000.00 (two hundred thousand United States dollars),
which must be delivered to Anatole Alejandro Larrabeiti Yáñez and Claudia Victoria Larrabeiti
Yáñez, divided equally. This amount must be disbursed within one year of notification of this
Judgment.
310. The Court also finds it admissible to provide redress for the non-pecuniary damage
caused to Anatole Alejandro Larrabeiti Yáñez and Claudia Victoria Larrabeiti Yáñez consisting
of the ongoing suffering and anguish caused by the forced disappearance of their biological
parents; the omissions and shortcomings in the search for their whereabouts and eventual
location of their remains, to the detriment of their right to know the truth; the excessive delay
in the processing of the different cases domestically and full clarification of what happened;
and the violation of their right to access to justice due to the State’s refusal to grant the
corresponding reparations judicially, as well as the demonstrated impacts on the personal
integrity of the Larrabeiti Yáñez siblings. Likewise, the circumstances of the case indicate that
there has been a clear impact on the victims’ life plans, with a differentiated impact on their
status as the son and daughter of the persons whose disappearance continues, which must
also be taken into account when estimating non-pecuniary damages, as it continues over time
for as long as there is uncertainty as to the whereabouts of their biological parents.
311. Consequently, the Court establishes, in equity, the sum of USD 40,000.00 (forty
thousand United States dollars) that the State must pay to each of the victims—Anatole
Alejandro Larrabeiti Yáñez and Claudia Victoria Larrabeiti Yáñez—to be made effective within
a year from the notification of this Judgment.
312. Likewise, this Court orders the State to pay Anatole Alejandro Larrabeiti Yáñez and
Claudia Victoria Larrabeiti Yáñez the sum of USD 25,000.00 (twenty-five thousand United
States dollars) each, in compensation for expenses incurred and to defray future expenditures
for psychological or psychiatric treatments and medications (supra para. 272). This amount
must be paid out by the State without any conditions or reporting obligations.
313. If considered pertinent and as long as the amount, term and other established conditions
are met (infra paras. 323 to 326), the State may make the payment through the
administrative reparations mechanisms that have been implemented.
314. It should be noted that this Judgment contains no analysis of matters related to Decree
1025/96 “and its derivations” due to lack of specific arguments, so the request for
compensation in this regard becomes inadmissible. 327 Nor can the Court award compensation
for non-pecuniary damage caused by specific crimes of which Anatole and Victoria "were
victims;" it did not rule on this matter, which it exceeded its temporal competence (supra
paras. 26 to 28).
H. Costs and expenses
315. The representative pointed out that from mid-1995 to the present day, Anatole and
Victoria have needed to seek advice, legal support, and legal representation to assert their
rights in multiple actions and petitions, both domestically and before the inter-American
As indicated by the Commission in Report No. 56/19, in the petition filed on November 11, 2005, the
representative alleged a “failure to provide reparations for the damage caused by the fourth whereas clause of Decree
1025/96.” The Commission reached no conclusion on the alleged violation and did not issue recommendations in this
regard. The non-existence of the alleged violation was reiterated by the Commission in its brief submitting the case.
For its part, in the pleadings and motions brief, the representative did not refer to this topic or make specific
arguments but rather indicated that it “shared the conclusions and recommendations” of the Report on the Merits.
327
77