certain expectation of ending his days as a judge, since there was no legal term for the
exercise of his duties.”
255.
The State argued that the sum of USD $500,000.00 “exceeds the […] amount that
the Court has established in equity.” Furthermore, it argued that the sworn statements
which sought to demonstrate non-pecuniary damage “[w]ere not a suitable instrument” for
establishing the facts they sought to prove, since they “cannot be compare[d] and [are]
inadequate from an accounting and technical point of view [, ] inasmuch as these sworn
statements do not include asset calculations cross-referenced with tax statements, property
titles, appraisals, receipts or other accounting documents that could attest to the possible
damage caused.” Regarding the alleged injurious comments made against the former
judges, the State indicated that domestic law contemplates procedures to obtain redress for
such damage, and that the victims could have approached the media organizations that
made the statements to request the right to reply to the comments made. The State held
that it had no involvement in those actions.
256.
Given the “ambiguity of the arguments and the absence of criteria for determining
non-pecuniary damages”, the State requested that the financial compensation be rejected
and that “in the event of a judgment being issued […], and having regard to the right to
equality [, the] Court [should bear in mind the amounts set in other cases.” The State
argued that the amount established by the Court should not exceed ten thousand dollars.
Finally, it argued that “the life project of each of the dismissed judges who completed the
term for which they were appointed […] was never […] limit[ed] by the State [and] in the
event of a conviction, [the State] would design measures of satisfaction and non-repetition
that would provide comprehensive reparation.”
Considerations of the Court
257.
In its case law, the Court has developed the concept of non-pecuniary damage and
has established that this “may include the suffering and anguish caused to the direct victims
and their families, the harm done to values of great significance to the individual, as well as
changes of a non-pecuniary nature in the living conditions of the victim or his family.” 279
Since it is not possible to assign a precise monetary value to non-pecuniary damage, it may
only be subject to compensation for the purpose of providing comprehensive reparation to
the victim, through payment of a sum of money or the provision of goods or services of
appreciable cash value, which the Court determines in the reasonable exercise of its judicial
authority and on the basis of equity. 280
258.
The Court reiterates that such indemnities are of a compensatory character, and
that their nature and amount depend on the damage caused; therefore, they are not
supposed to enrich or impoverish the victims or their heirs. 281
259.
In this case the Commission did not request compensation for non-pecuniary
damage. The Court has held that non-pecuniary damage is evident, since it is part of human
279
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs, para. 84,
and Case Mendoza et al. v. Argentina, para. 350.
280
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C
No. 88, para. 53, and Case of Vélez Loor v. Panama. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 23, 2010 Series C No. 218, para. 310.
281
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 25, 2001. Series C No. 76, para. 79, and Case Artavia Murillo et al. ("In Vitro Fertilization") v. Costa Rica,
para. 362.
73