98
pecuniary alterations in the victim’s lifestyle conditions or that of her relatives.”
323
Likewise, it is necessary to consider the circumstances of the case sub judice, for
the harm the violations inflicted upon the victims, given the profound effect the facts
had on María Claudia García, particularly because of her state of pregnancy.324 In
turn, particularly relevant is the change in their lifestyle conditions and the remaining
non-pecuniary consequences suffered by Maria Macarena Gelman. Consequently, the
Court establishes in equity and for non-pecuniary damages, 325 the amount of:
a) USD $ 100,000.00 (hundred thousand dollars of the United States of America)
in favor of María Claudia García de Gelman;
b) USD $ 80,000.00 (eighty thousand dollars of the United States of America) in
favor of María Macarena Gelman García.
297. The Court takes into account the expressed decision of Mr. Juan Gelman of
being excluded as a beneficiary of compensation (supra para. 286). Nonetheless, the
Tribunal recognized the profound harm that the facts of the case have had in his life,
his incessant search for justice in Uruguay and Argentina, expressed in his active
attempts in the investigations something that without a doubt has had a great
economic impact, and has altered his and his family’s lives.
D.3
Costs and expenses
298. According to the Courts jurisprudence, the costs and expenses are established
within the concept of reparations contained in the provisions of Article 63(1) of the
American Convention. 326
299. The Commission requested the Court to order the State to make the payment
of costs and expenses, duly proven by the representatives.
300. The representatives stated that CEJIL has acted as representative of the
alleged victims and their relatives since the initial petition was filed before the
Commission in May of 2006, having incurred from September of 2005 to this date,
expenses which mainly focus on the process of investigating and gathering evidence,
processing the case before the Commission and then later before the Court, including
323
Case of of the “Street Children” (Villagrán Morales et al.) V. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 84; Case of Gomes Lund et al. (Guerrilha do Araguaia),
supra note 16, para. 305, and Case of Cabrera García and Montiel Flores, supra note 16, para. 255.
324
Cf. Case of Goiburú et al., supra note 23, para. 160.b.v.
325
Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs, supra note 312, para. 56; Case of
Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 310, and Case of Cabrera García and
Montiel Flores, supra note 16, para. 260.
326
Cf. Case of Garrido and Baigorria V. Argentina. Reparations and Costs. Judgment of August 27,
1998. Series C. No. 39, para. 79; Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para.
312, and Case of Cabrera García and Montiel Flores, supra note 16, para. 262.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos