33
l)
Estimated sums of US$18,000.00 (eighteen thousand United States
dollars) and US$14,400 (fourteen thousand four hundred United States
dollars) for the future costs of the rehabilitation of the victim and her next of
kin, respectively.
On this point, the State argued that the physical and mental condition of the
victim and her next of kin prior to her detention had not been shown, so that
this form of reparation would be absurd. It added that the current state of
physical and mental health of those persons had also not been shown.
Finally, it stated that this claim did not fit into the reparations ordered in the
Judgment on the merits.
126. Peru also pointed out that the figures for the pecuniary damages claimed by
the victim were given in dollars and not in Peru’s local currency. It argued that
under its Budget Law, payment of remuneration in foreign currency is strictly
prohibited. It also objected to the rate of exchange used to make the calculations,
since the Peruvian “sol” had not remained fixed since 1993, the date on which the
victim was detained, and was currently fluctuating between S/2.80 and S/2.82 to the
dollar. Peru maintained, therefore, that the amount claimed, when expressed in
dollars, would be less than the amount indicated in the victim’s brief.
127. As for the State’s objection to the currency in which the victim’s pecuniary
claims were expressed, the Court notes that one effect of the reparations measures
must be to preserve the real value of the amount received, so that it can achieve its
compensatory intent. The Court previously held that “one of the easiest and most
readily accessible ways to achieve this goal [is] the conversion of the amount
received into one of the so-called hard currencies” (Velásquez Rodríguez Case,
Interpretation of the Compensatory Damages Judgment (Art. 67 American
Convention on Human Rights), Judgment of August 17, 1990. Series C No. 9, para.
42). In its case law, the reiterated practice of the Court has been to use the United
States dollar as the "hard" currency in which the compensatory damages are figured
and has found that this safeguard protects the purchasing power of the amounts
ordered.
Hence, the practice of quoting the amounts in that currency -amounts
which may then be paid in the local currency of the respondent state at the
exchange rate on the day prior to payment- is consistent with the Court’s customary
practice, one that it confirms in the instant Case. However, in some instances the
same expenditures are quoted in soles in the charts of estimated costs that the
victim submitted as a reference aid, and then quoted in an equal number of United
States dollars in the body of the victim’s reparations brief, as if parity existed
between the two currencies (supra 50). In these cases, the Court used the amounts
shown on receipts and in other credible documents to arrive at the figures shown in
the section on proven facts.
128. In the case of pecuniary damages for survivors of human rights violations,
the Court has held that the compensation to be awarded depends on a number of
factors, one of which is the time during which the victim remained unemployed (El
Amparo Case, Reparations (Art. 63(1) American Convention on Human Rights),
Judgment of September 14, 1996. Series C No. 28, para. 28). That criterion applies
here as well, inasmuch as the victim in the instant Case is alived.