89
310. The Court’s jurisprudence has developed the concept of non-pecuniary damage
and the cases in which compensation therefore is due. Non-pecuniary damage may
include both the suffering and affliction caused to the direct victims and to those close
to them, as well as non-pecuniary changes in the conditions of existence of the victim
or the victim’s family. Since it is not possible to assign a specific monetary equivalent
to non-pecuniary damage, it can only be compensated, in two ways. First, by
payment of an amount of money or delivery of goods or services that can be
quantified in monetary terms, which the Court will establish by rationally applying
judicial discretion and in terms of fairness. Second, by carrying out acts or works that
are public in their scope or repercussion, such as broadcasting a message of official
disapproval of the human rights violations involved and of commitment to efforts to
avoid their repetition and to ensure acknowledgment of the victim’s dignity, among
other aspects.317
311. International jurisprudence has repeatedly established that a judgment may
constitute per se a form of reparation.318 However, considering the circumstances of
the case sub judice, the Court considers it appropriate to set, in equity, an amount as
compensation for non-pecuniary damage.319
312. In determining the amount of compensation for non-pecuniary damage in this
case, it is necessary to consider that Jesus Tranquilino Vélez Loor was subjected to
cruel, inhumane, and degrading confinement conditions, which caused him intense
physical pain and emotional suffering, as well as physical and mental consequences
that endure (supra paras. 222 and 227).
313. Furthermore, the proceedings conducted against him did not comply with the
requirements of due process (there was arbitrary detention and lack of judicial
guarantees). Naturally, a person subjected to arbitrary detention endures profound
suffering,320 which is aggravated if the facts related to mistreatment and alleged acts
of torture to which the victim was subjected, are not investigated. For these reasons,
the Tribunal deems that these kind of violations cause non-pecuniary damage to
those who suffer them.321
314. Consequently, the Court deems pertinent to determine, in equity, the amount
of US$ 20.000,00 (twenty thousand dollars of the United States of America) in favor
of Mr. Vélez Loor, as compensation for non-pecuniary damage.
D.
Costs and Expenses
315. The Commission requested the Court, once the representatives of the victim
have been heard, to order the State of Panama “the reimbursement of the costs and
expenses incurred in pursuing this case at the domestic level, as well as those arising
from its processing before the Inter-American System of Human Rights.” The
representatives, moreover, pointed out that in his search for justice, Mr. Vélez Loor
incurred in many expenses arising from the proceedings at the domestic and
317
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra note 298, para. 84; Case of
González et al. (“Cotton Field”), supra note 20, footnote 547, and Case of Anzualdo Castro, supra note 60,
para. 218.
318
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 Ibsen Cárdenas and Ibsen Peña, supra note 28, para. 282, and Case of
Rosendo Cantú et al., supra note 27, para. 278.
319
Cf. Case of Neira Alegría et al., supra note 318, para. 56; Case of Ibsen Cárdenas and Ibsen Peña,
supra note 28, para. 282, and Case of Rosendo Cantú et al., supra note 27, para. 278.
320
Cf. Case of Bulacio, supra note 102, para. 98; Case of La Cantuta, supra note 103, para. 217, and
Case of Tibi, supra note 27, para. 244.
321
Cf. Case of Tibi, supra note 27, para. 244.
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