fifty-eight thousand, and thirty-three dollars of the United States of America and
fifty-nine cents).
Considerations of the Court
150. The Court has established that pecuniary damage consists of “the loss of
income to the victim, the costs effectuated with motive in the facts, and the
consequences of pecuniary nature that are connected with the facts of the case.”109
Moreover, the Court has developed the concept of non-pecuniary damages and has
established that non-pecuniary damages “may include the suffering and distress
caused to the victim directly and the victim’s relatives, the erosion of values that are
very meaningful to people, as well as changes, of a non-pecuniary nature, in the
living conditions of the victim or the victim’s family.” In the present case, the
existence of pecuniary and non-pecuniary damage is understandable.
151. In this regard, on November 2009, the State sent the Inter-American
Commission three technical notes (Nos. 06054 and 10391 notes of November 13,
2009, and note No. 10529 of November 23, 2009) in which it said that the
corresponding sum for the compensation to Coronel Mejía Idrovo is of
U.S$358,033.58 (of which U.S. $194,895.81 is for pecuniary damage and
U.S.$163,137.58 for non-pecuniary damage) calculated in June 2009. According to
the information provided by the State, this calculation was performed by an ad hoc
multidisciplinary committee formed to calculate the amount of compensation for Mr.
Mejía Idrovo, which was “comprised by the Legal Department of the Army, the Army
Finance Director, and the staff of the Armed Forces Social Security Institute
(ISSFA).” The Court also notes that the representatives expressed their agreement
regarding the amount of U.S.$358,033.58 for pecuniary and non-pecuniary damages
established by the State, requesting only the resulting difference between June 2009
and October 2010, in which Mr. Mejía Idrovo was reinstated to active service.
152. The Court notes that in the chart submitted to the Commission by the State
and then to the Court in the final arguments, the following three rubrics regarding
110
a) “the
pecuniary damages can be distinguished, translated as loss of earnings:
remunerations that [Mr.] Mejía [Idrovo] should have received had he staid in active
service until June 2009, subtracted from the military pensions,” after discharge until
said date; b) “the loss of income that [Mr.] Mejía [Idrovo] should have received had
he remained until 2009 in active service, subtracted from the loss of income already
received upon remaining in active service until June 2001,” and c) “the
corresponding value of the pensions to be paid out, under the assumption that he
had remained in active service until 2009, from July to December 2009.”
153. Likewise, the Court notes that the amount calculated by the State for nonpecuniary damage suffered by Colonel Mejía [Idrovo] is based on the “severance pay
carried out by the ISSFA of the pensions estimated under the following
109
Cf. Case of Bámaca Velásquez V. Guatemala. Reparations and Costs. Judgment of February 22,
2002. Series C No. 91, para. 43; Case of Abrill Alosilla V. Perú, supra note 19, note 91, and Case of Vera Vera
et al. V. Ecuador, supra note 12, para. 128.
110
Pecuniary damages $194.895,81
•
Amount of remuneration – Paid pensions
=
118.212,98
•
Severence pay to be paid
=
7.524,89
•
Severence payments of loss of earnings – paid loss of earnings
44
=
69.158,14
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos