42
stated in chapters VI and VII, as well as the criteria set forth in the Court’s case law
regarding the nature and scope of the duty to make reparations.120
A)
Injured party
140. The Court considers Carmen Cornejo de Albán and Bismarck Albán-Sánchez
to be the “injured party”, as victims of the violations that were found to exist to their
detriment (supra paras. 50 and 109), for which they are entitled to the reparations
to be established by the Tribunal.
B)
COMPENSATION
141. The Court has developed the concepts of pecuniary121 and non pecuniary122
damages in its case law, as well as the events in which they ought to be
compensated. The Court deems it appropriate to analyze pecuniary and non
pecuniary damages together, considering the evidence submitted in the instant case.
142. The Commission and the representatives requested compensation for the
expenses incurred by Laura Albán’s parents in their quest for justice for the
clarification of their daughter’s death. These expenses cover the actions undertaken
to have access to the medical file and “to obtain medical certification of the causes of
the death.” The representatives also requested compensation in the amount of
US$365,781.00 (three hundred sixty-five thousand, seven hundred and eighty-one
US dollars) be paid to Carmen Cornejo de Albán, considering she has received no
income since the beginning of 1988, when she stopped practicing her profession as a
psychologist. She has been unable to resume her professional activities because she
has devoted herself, up until now, to the quest for justice.
143. The representatives requested that compensation be paid for non pecuniary
damages caused by the “suffering experienced by Laura [Albán] and her death”, in
the amount of US$2,000,000.00 (two million US dollars). Regarding Mrs. Cornejo de
Albán, Miss Albán-Cornejo’s mother, they stated that because of what happened to
her daughter “she was unable to realize her life aspirations, inasmuch as she stopped
practicing her profession and instead devoted her time looking for a fair application
of the laws in the instant case and helping others who were undergoing similar
situations.” Regarding Bismarck Albán-Sánchez, Miss Albán-Cornejo’s father, the
representatives argued that apart from having to bear his own and his family’s
120
Cf. Case of Velásquez-Rodríguez, supra note 118, paras. 25 to 27; Case of Garrido y Baigorria v.
Argentina. Reparations and Costs. Judgment of August 27, 1998. Series C No. 39, para. 43; Case of the
“White Van” (Paniagua-Morales et al.), supra note 19, paras. 76 to 79; Case of Cantoral-Huamaní and
García-Santa Cruz, supra note 13, para. 157; Case of Zambrano-Vélez et al., supra note 9, para. 132; and
Case of Escué-Zapata, supra note 12, para. 127.
121
Cf. Case of Aloeboetoe et al. v. Suriname. Reparations and Costs. Judgment of September 10,
1993. Series C No. 15, paras. 50, 71 and 87; Case of Zambrano-Vélez et al., supra note 9, para. 138;
Case of Escué-Zapata, supra note 12, para. 132; and Cantoral-Huamaní and García-Santa Cruz, supra
note 13, para. 166.
122
Cf. Case of Aloeboetoe et al, supra note 121, paras. 52, 54, 75, 77, 86 and 87; Case of CantoralBenavides. Reparations. Judgment of December 3, 2001. Series C No. 88, paras. 53 and 57; Case of
Zambrano-Vélez et al, supra note 9, para. 141; Case of Escué-Zapata, supra note 12, para. 147; and
Cantoral-Huamaní and García-Santa Cruz, supra note 13, para. 175.