86
reparation the victim’s next of kin may obtain from other natural or artificial persons.
Therefore, the fact that a civil action for damages has been filed against private
individuals with domestic courts is not an impediment for the Court to order
monetary reparation for Albertina Viana-Lopes for violations of the American
Convention. It is up to the State, acting within its jurisdiction, to address the
consequences of the civil action for damages filed by Albertina Viana-Lopes in the
domestic courts.
233. Secondly, the State requested the Court to declare that a fair compensation
has been paid at local level through the state pension granted for the life of the
beneficiary, as compensation for the “moral damage.” In this regard, it has been
proved that the state of Ceará passed Law No. 13,491, whereby a monthly pension
for the life of Albertina Viana-Lopes was established, payable as of June 16, 2004,
that is, more than four years after the victim’s death, and which currently amounts
to BLR 323.40 (three hundred and twenty-three Reales with forty cents) (supra para.
112(69)).
234. The Court recognizes the fact that the state of Ceará has granted, on its own
initiative, the life pension for the benefit of Albertina Viana-Lopes. However, in view
of the foregoing, this Court deems it appropriate to set an amount as compensation
for the non-pecuniary damage caused to the mother or the next of kin of Mr. Damião
Ximenes-Lopes, if applicable, for the violation of the human rights set forth in the
American Convention as established in this Judgment ( supra paras. 163 and 206).
The Court states, however, that the above-mentioned pension is a legal benefit
granted to Albertina Viana-Lopes for the term of her life, which the Court deems
valuable, notwithstanding the reparations it may order for non-pecuniary damage
(infra para. 237(b) and 238(b).
*
235. In the instant case, in light of the suffering inflicted to Mr. Damião XimenesLopes, which in turn caused his next of kin suffering, the alteration of their living
conditions and other non-monetary consequences, the Court deems it appropriate to
order the payment of a compensation, determined on equitable grounds, for nonpecuniary damage.155
236. This Court recognizes that Albertina Viana-Lopes and Irene Ximenes-LopesMiranda, next of kin of Mr. Damião Ximenes-Lopes, have suffered non-pecuniary
damage caused by the lack of a serious, diligent and effective investigation by the
state authorities in order to establish the truth of the events concerning the victim
and, eventually, to identify and punish the perpetrators. The Court considers that, in
the instant case, it is not appropriate to order payment of monetary compensation
for non-monetary damage caused by the violation of Articles 8(1) and 25(1) of the
American Convention, inasmuch as this judgment is itself a form of reparation, 156 and
the actions or works with public repercussion described below constitute a fair
reparation under Article 63(1) of the Convention.
155
Cf. Case of Baldeón-García, supra note 4, para. 189; Case of Sawhoyamaxa Indigenous
Community, supra note 4, para. 220; and Case of López-Álvarez, supra note 121, para. 200.
156
Cf. Case of Baldeón-García, supra note 4, para. 189; Case of Acevedo Jaramillo et al., supra note
4, para. 309; and Case of López-Álvarez, supra note 121, para. 200.