56
223. In relation to non-pecuniary damage the victim considered it “justifiable [that the
Court] determine a reasonable compensation for the non-pecuniary damage suffered to his
image and reputation as a political activist, because he was prevented from participating as
a candidate for the presidency of Mexico, as well as the damage to his life project and
political trajectory.” Among other considerations, he indicated that, “the non-pecuniary
damage he has suffered […] owing to the current wording of the Mexican electoral laws that
prevented him from competing as an independent candidate for the presidency of the
Republic is much greater [than the pecuniary damage]. The damage encompasses issues as
extensive as discredit in certain academic and intellectual circles in Mexico, which did not
understand how someone specialized in the functioning of Mexican electoral policy did not
know that such candidacies were impossible, to pending debts that he would never be able
to settle with the media and public security agencies […]. The non-pecuniary damage did
not cease with the 2006 elections, but has continued throughout the litigation before the
Commission and [the] Inter-American Court of Human Rights. In particular, in recent
months, there have been attacks in the media coinciding with decisive moments in the
juridical proceedings, which can hardly be attributed to mere chance.” Lastly, Mr. Castañeda
Gutman indicated that he “left it to [the Court] to consider the facts invoked previously and
those that have occurred recently in relation to the damage caused […].”
224. The State indicated that it was legally inadmissible to pay compensation for nonpecuniary damage. Regarding the alleged effect on the victim's life project, the State
indicated that “ the petitioner had the same access to his political aspirations as all Mexican
citizens [and that] it was necessary to point out that the results of any presidential election
process are extremely unpredictable, because they involve different political, economic and
social factors. Consequently, it is an unreasonable expectation of the petitioner, whose
aptitudes, potential and aspirations the State is not judging, to establish a life project
subject to a series of conditions of very diverse origin and uncertain achievement, above all,
the will of the Mexican electorate.” The State concluded that, in any case, the judgment
itself could be sufficient reparation for the non-pecuniary damage.
225. In its case law, the Court has developed the concept of non-pecuniary damage and
the assumptions under which it should be compensated.75 In the instant case, the Court
observes that the victim based his request for compensation for non-pecuniary damage on
the alleged violation of the exercise of his right to be elected established in Article 23 of the
American Convention. The Court has not found that this human right has been violated in
the instant case, so that there is no non-pecuniary damage arising from it that requires a
measure of reparation.
C)
MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION
226. The Court will determine the measures of satisfaction that seek to repair the
violation declared in this judgment that are not of a pecuniary nature and will order
measures of public scope or repercussion.
i)
Obligation to adopt measures (legislative and administrative reforms, etc.)
75
“Non-pecuniary damage can include both the suffering and hardship caused to the direct victim and his
next of kin, the harm of objects of value that are very significant to the individual, and also changes, of a non
pecuniary nature, in the living conditions of the victim or his family.” Cf. Case of Neira Alegría v. Peru. Reparations
and costs. Judgment of September 19, 1996. Series C No. 29, para. 57; Case of Cantoral Huamaní and García
Santa Cruz v. Peru. Preliminary objection, merits, reparations, and costs. Judgment of July 10, 2007. Series C No.
167, para. 175; and Case of Apitz Barbera et al. (“First Administrative Court”), supra note 19, para. 237.
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