344. Accordingly, as the Court has decided on other occasions, 405 these facts must be
investigated effectively by means of proceedings held against those presumably responsible
for the attacks on personal integrity that occurred. Consequently, the Court decides that the
State must conduct a criminal investigation into the acts of torture committed against
Claudio David Núñez and Lucas Matías Mendoza in order to determine the eventual criminal
responsibilities and, as appropriate, apply the punishments and consequences established
by law. This obligation must be complied with within a reasonable time and taking into
consideration the criteria established concerning investigations in this type of case. 406 Also,
if the investigation into the said acts reveals procedural and investigative irregularities
related to them, the pertinent disciplinary, administrative or criminal action must be
undertaken. 407
D.
Compensation
D.1. Pecuniary damage
345. In its case law, the Court has developed the concept of pecuniary damage and
has established that this involves “the loss or detriment to the income of the victims, the
expenses incurred as a result of the facts, and the consequences of a pecuniary nature that
have a causal nexus with the facts of the case.” 408
D.1.1. Arguments of the Commission and pleadings of the parties
346. The Commission considered that the State should “provide adequate pecuniary
compensation for the human rights violations declared in the [Merits Report].” The
representative asked the Court to compensate César Alberto Mendoza, Claudio David
Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and Ricardo David Videla, and
their next of kin, “rationally, in equity, and taking into account the characteristics of each
case.” She stated that, in the instant case, the consequential damage includes the expenses
incurred by the respective families when visiting them and providing them with “essential
items for their subsistence in prison.” In this regard, she indicated that it was not possible
to provide documents verifying these expenses owing to the “informality […] that
characterized [them] […].” She also asked the Court to order “pecuniary compensation that,
from the time the sentence was imposed, accounts for loss of earnings as a result of
imposing a life sentence prohibited by international human rights law.”
347. The State indicated that “the pecuniary claim made […is] obviously incompatible with
the international standards in force.” Thus, it noted that the representative “had not
provided even minimal documentary or arithmetic support for the figures indicated.” As for
the loss of earnings, it underlined that the representative had not provided data considered
relevant by the Inter-American Court for determining the amount of compensation for this
concept, such as “what activities of a family, workplace, commercial, agricultural, industrial
or any other nature had suffered deterioration […].” Also, regarding the compensation
405
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 174, and Case of Cabrera García and Montiel
Flores v. Mexico, para. 215.
406
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 331, and Case of Cabrera García and Montiel Flores v. Mexico, para.
215.
407
Case of Cabrera García and Montiel Flores v. Mexico, para. 215.
408
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002.
Series C No. 91, para. 43, and Case of García and family members v. Guatemala, para. 225.
108