79. The State, in its recognition of responsibility, asked the Court to "order pecuniary
reparations […] based on a criteria of equity."
80. In its case law, this Court has developed the concept of non-pecuniary damage and has
established that this may include both the suffering and affliction caused to the direct victim and
his family, and also the impairment of values of great significance for the individual, as well as the
alterations of a non-pecuniary character in the living conditions of victims or their families.66
81. In its judgment, the Court found pursuant to the State’s recognition that Rufino Jorge
Almeida was the victim of the violation of his rights to judicial guarantees, equal protection, and
judicial protection. This Court has held that the nonpecuniary damage is clear, given that it is
human nature that every person who experiences a violation of their human rights experiences
suffering.67
82. Taking into account the circumstances of the case and in consideration of the suffering
caused to the victim by the delay in granting the measures of reparation and the harm caused by
the unequal treatment after having been the victim of State terrorism, the Court deems it
pertinent to establish, in equity, the amount of US$20,000 (twenty thousand dollars of the United
States of America) for nonpecuniary damages to the benefit of Rufino Jorge Almeida.
G. Costs and Expenses
83. The representative asked that, when determining costs and expenses, this Court consider
the honoraria for representation and support in the complaint, before both the Commission and
the Court, establishing the amounts for them in equity.
84. The State, in its recognition of responsibility, asked the Court to "order […] the amounts for
costs and expenses based on a criteria of equity."
85. The Court reiterates that, based on its case law, costs and expenses form part of the concept
of reparation, because the efforts made by the victims to obtain justice, both at national and
international level, entail disbursements that must be compensated when the State’s international
responsibility has been declared in a condemnatory judgment. Regarding the reimbursement of
costs and expenses, it is for the Court to prudently assess their scope, which includes expenses
incurred before the authorities of the domestic courts and those generated during the proceedings
before the Inter-American system, taking into account the circumstances of the specific case and
the nature of the international jurisdiction for the protection of human rights. This assessment
may be based on the principle of equity, taking into account the expenses indicated by the parties,
provided that their quantum is reasonable.68
86. This Court notes that the representatives did not request a specific monetary sum for
reimbursement of expenses and costs, nor did she provide the necessary supporting
documentation for the totality of the expenses incurred. Consequently, the Court decides, on
deeming it reasonable, to establish, in equity, the payment of a total amount of US$20,000
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 26, 2001. Series C No. 77, para. 84, and Case of Olivares Muñoz et al. v. Venezuela, supra, para. 186.
66
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
June 30, 2009. Series C No. 197, para. 176, and Case of Maldonado Ordoñez v. Guatemala. Preliminary Objections,
Merits, Reparations and Costs. Judgment of May 3, 2016. Series C No. 311, para. 149.
67
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series
C No. 39, paras. 79 and 82; and Case of Olivares Muñoz et al. v. Venezuela, supra, para. 192.
68
21