38
of sufficient evidence on the facts alleged by some victims, to which it is not able to
determine them, and as a consequence, to associate many of the effects mentioned with
the injury suffered due to the specific violations declared in this case.
c.2.5 Final considerations of the Tribunal on non-pecuniary damages in this case
131. Notwithstanding the foregoing, the Court must recognize that the violations
declared in this Judgment did produce non-pecuniary damages, as it is a fact of human
nature that every individual who suffers a human rights violation experiences
suffering.114
132. International jurisprudence has repeatedly established that the Judgment can
constitute per se a form of reparation.115 However, considering the circumstances of the
sub judice case, the Court finds it pertinent to establish an amount, in equity, as
compensation for non-pecuniary damages.116 The Court consequently establishes an inequity compensation of US$ 1,500 (one thousand five hundred dollars of the United
States of America) as compensation for non-pecuniary damages. This amount must be
paid to each victim or to each victim’s claimant within one year as of the notification of
this Judgment.
D.
Costs and expenses
133. As previously indicated by the Court on other occasions, costs and expenses are
included in the concept of reparations enshrined in Article 63(1) of the American
Convention.117
134. The Commission requested that “once [the representative has been] heard,” the
Court order the State to “pay the costs and expenses that have been and are being
incurred in the processing of this case both domestically and before the inter-American
system.”
135. The representative indicated that “due to the impossibility of proving some
expenses and with the purpose of simplifying the process and avoiding further burdening
the important and sensitive work of the International Tribunal, it is requested that the
just and equitable criteria of the Court [...] establish the sum to be reimbursed in this
category.”
136. For its part, the State said that the representative’s “intention to not comply with
the requirement to submit receipts and other documentation justifying the payment of
this reparation is unacceptable. The Peruvian State indicated that the payment of costs
and expenses is only valid if there are receipts, ticket stubs or other documentation that
prove the expenditure was made in the context of this proceeding.” Thus in its final
arguments, the State indicated that it “cannot accept the request made to the Court that
it grant a lump sum without submitting any evidence demonstrating the expenses
incurred [by the victims and the representative].”
114
Cf. Case of Reverón Trujillo v. Venezuela, supra note 23, para. 176.
115
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996.
Series C No. 29, para. 56; Case of Gomes Lund et al (Guerrilha do Araguaia), supra note 17, para. 310, and
Case of Cabrera García and Montiel Flores, supra note 17, para. 260.
116
Cf. Case of Neira Alegría et al V. Perú. Reparations and Costs. Judgment of September 19, 1996. Serie
C No. 29, para. 56; Case of Gomes Lund et al (Guerrilha do Araguaia), supra note 17, para. 310, and Case of
Cabrera García and Montiel Flores, supra note 17, para. 260.
117
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C No. 39, para. 79; Case of Gomes Lund et al (Guerrilha do Araguaia), supra note 17, para. 312, and
Case of Cabrera García and Montiel Flores, supra note 17, para. 262.