67
US$10,000.00 (ten thousand dollars of the United States of America) for Orlando
Álvarez Ríos, in the concept of loss of income. The compensations previously set
must be delivered to the victims’ next of kin, pursuant to that stated in paragraphs
171 and 172 of this Judgment.
177. Having analyzed the information received by the parties, the facts of the case,
and its jurisprudence, the Court observes that despite that the receipts of expenses
were not presented, it can be assumed that the next of kin of Marco Antonio
Servellón García, Rony Alexis Betancourth Vásquez, and Orlando Álvarez Ríos
incurred in different burial expenses due to their deaths, which is pursuant with the
Tribunal’s constant jurisprudence.105 Therefore, the Court considers is appropriate to
set, in equity, the amount of US$1,500.00 (one thousand five hundred dollars of the
United States of America) as compensation for the concept of consequential
damages, for each of the victims. Said amount must be delivered to each of the
following persons: Bricelda Aide García Lobo, Hilda Estebana Hernández López, and
Dilcia Álvarez Ríos, respectively.
178. In what refers to Diomedes Obed García Sánchez, pursuant to that stated
(supra para. 79(24)), at the time of his death he resided in a “room at a welfare
house for minors in street situations, administered by Mr. Carlos Jorge Mahomar
Marzuca”, from which it can be concluded that his next of kin did not incur in any
expense due to his death, reason for which this Court considers that it should
dismiss this aspect with regard to him.
C)
Non-Pecuniary Damage
179. Non-pecuniary damages may include suffering and affliction, detriment to
very significant personal values, as well as non-pecuniary alterations in the
conditions of existence of a victim. Since it is not possible to assign a precise
monetary equivalent to non-pecuniary damages, for the purposes of a
comprehensive reparation to the victims, it can only be the object of compensation in
two forms. First, through payment of an amount of money or delivery of goods or
services that can be estimated in monetary terms, which the Tribunal will establish
through reasonable application of judicial discretion and equity. And, second, through
acts or works which are public in their scope or effects, which among other effects
have that of acknowledging the victim’s dignity and avoiding the repetition of the
violations.106
180. International jurisprudence has repeatedly established that the judgment
constitutes, per se, a form of reparation.107 In the case sub judice, in consideration
of the suffering caused to Marco Antonio Servellón García, Rony Alexis Betancourth
Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García Sánchez, and that also
caused suffering to some of their next of kin, the change in their conditions of
existence, and other consequences of a non-pecuniary nature, the Court considers it
105
Cfr. Case of Ximenes Lopes, supra note 3, para. 226; and Case of the Gómez Paquiyauri
Brothers, supra note 63, para. 207.
106
Cfr. Case of Montero Aranguren et al., supra note 12, para. 130; Case of Ximenes Lopes, supra
note 3, para. 227; and Case of the Ituango Massacres, supra note 3, para. 383.
107
Cfr. Case of Montero Aranguren et al., supra note 12, para. 131; Case of Ximenes Lopes, supra
note 3, para. 236; and Case of the Ituango Massacres, supra note 3, para. 387.