107
into account the specific circumstances of the
US$80,000.00 (eighty thousand United States dollars).
instant
case,
b)
since it has been proven that Mrs. Harbury’s health suffered as a
consequence of the facts in the instant case,58 the Court deems it
appropriate to set as compensation US$25,000.00 (twenty-five
thousand United States dollars).
c)
an amount of money in accordance with the expenses incurred by
Jennifer Harbury to determine the whereabouts of Mr. Bámaca
Velásquez.59 This Court notes that while not all the necessary receipts
have been supplied to corroborate the total amount of said expenses,
the facts of the case show, and the State itself has accepted, that Mrs.
Harbury incurred a number of monetary expenses in searching for the
whereabouts of her husband, for which reason this Court deems it
equitable to grant her US$ 20,000.00 (twenty thousand United States
dollars).
55.
Based on the above, the Court sets as compensation for pecuniary damages
caused by the violations declared in the November 25, 2000 judgment, the following
amounts:
Reparation for pecuniary damages
Lost
Search
Medical
income
expenses
expenses
Efraín Bámaca
Velásquez
Jennifer
Harbury
US$100,000.
00
US$80,000.0
0
US$20,000.
00
US$25,000.00
Total
US$100,000.
00
US
$125,000.00
US$ 225,000.00
TOTAL
*
*
*
B) NON PECUNIARY DAMAGES
56.
The Court will now consider the prejudicial effects of the facts of the case that
are not economic or patrimonial. Non pecuniary damages can include the suffering
and affliction caused to the direct victims and their relatives, detriment to values that
are very significant for individuals, as well as non-monetary alterations in the
conditions of existence of the victim or the victim’s family. As it is not possible to
assign a precise monetary equivalent to non-pecuniary damages, for purposes of
58
See Cantoral Benavides Case, Reparations, supra note 5, para. 51.a); Villagrán Morales et al.
Case, Reparations, supra note 5, para. 80; and Paniagua Morales et al. Case, Reparations, supra note 5,
para. 138.
59
See Paniagua Morales et al. Case, Reparations, supra note 5, para. 98; Blake Case. Reparations
(Art. 63(1) American Convention on Human Rights). January 22, 1999 Judgment. C Series No. 48, para.
48 and 49; and Castillo Páez Case, Reparations, supra note 6, para. 77.
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