55
187. The Court notices that, though there is not enough evidence to estimate the
amount of the loss sustained by the relatives of Baldeón-García, it is evident that
going into exile, constantly relocating their household, changing work, as well as the
other consequences arising out of the serious instability to which the next of kin of
Mr. Baldeón-García have been subjected since 1990, have had an adverse impact on
their family estate (supra paras. 72(40) and 72(42)). Since such alterations directly
derived from the events of the case, the Court considers appropriate, on equitable
grounds, to order the State to pay compensation for family pecuniary damage in the
amount of US$ 100,000.00 (one hundred thousand United States dollars), or its
equivalent in Peruvian soles. Such amount shall be paid as follows: US$ 20,000.00
(twenty thousand United States dollars) to Crispín Baldeón Yllaconza, and US$
10,000.00 (ten thousand United States dollars) to each of the following persons:
Guadalupe Yllaconza-Ramírez de Baldeón, and Roberto, Segundina, Miguelita,
Perseveranda, Vicente, Sabina and Fidela, all of them members of the BaldeónYllaconza family.
C)
NON PECUNIARY DAMAGE
188. Non pecuniary damage may include distress and suffering caused directly to
the victim or his next of kin, tampering with individual core values, and changes of a
non pecuniary nature in the everyday life of the victim or of his next of kin. Since it
is impossible to assess the value of the non pecuniary damage sustained in a precise
equivalent amount of money, for the purposes of full reparation to the victim,
compensation may be made effective by paying an amount of money or by delivering
property or services whose value may be established in money, as the Court may
reasonably determine at its judicial discretion and based on equitable standards; and
on the other hand by public actions or works aimed at acknowledging the victim's
dignity and avoiding new violations of human rights.106 The first aspect of the
reparation of non pecuniary damage will be analyzed herein and the second aspect
will be analyzed in section D) of this chapter.
189. Pursuant to international case law, judgments constitute in and of themselves
a form of reparation.107 However, owing to the circumstances of the instant case, the
suffering the events have caused the victim and his next of kin, the change in their
way of living and other consequences of a non pecuniary nature they bore, the Court
considers appropriate to order payment of a compensation, assessed on equitable
grounds, for the non pecuniary damage sustained.
190. Bearing in mind the various aspects of the damage the Commission and the
representatives allege, the Court determines, on equitable grounds, the value of
compensation for non pecuniary damage according to the following standards:
a)
in order to determine the compensation for the non pecuniary damage
suffered by Mr. Baldeón-García, the Court takes into account, inter alia, that
the victim was subject to torture (supra paras. 72(19) and 72(20)); and
b)
as regards the rest of the victims, namely Guadalupe YllaconzaRamírez de Baldeón, wife of Mr. Baldeón-García, and Crispín, Roberto,
106
Cf. Case of Jaramillo et al., supra note 6, para. 308; Case of López-Álvarez, supra note 6, para.
199; Case of the Pueblo Bello Massacre, supra note 6, para. 254.
107
Cf. Case of Acevedo-Jaramillo et al., supra note 6, para. 309; Case of López-Álvarez, supra note
6, para. 200; Case of the Pueblo Bello Massacre, supra note 6, para. 258.
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