29
this point in the agreement. Accordingly, the Court considers that the State must pay
the sum of US$20,000.00 (twenty thousand United States dollars) or the equivalent
in new soles, to Martha Flores Gutiérrez, for the pecuniary damage caused as a
result of the extrajudicial execution of her companion, Pedro Huilca Tecse.
D)
Non-pecuniary damage
96.
The Court will now consider the harmful effects of the facts of the case that
are not of a financial or patrimonial nature. Non-pecuniary damage can include the
suffering and hardship caused to the direct victims and to their next of kin, the harm
of objects of value that are very significant to the individual, and also changes, of a
non-pecuniary nature, in the living conditions of the victim or his family. Since it is
not possible to allocate a precise monetary equivalent to non-pecuniary damage, it
can only be compensated in two ways in order to make integral reparation to the
victims. First, by the payment of a sum of money or the delivery of goods and
services that can be quantified in money, which the Court decides by the reasonable
exercise of judicial discretion and in terms of fairness. Second, by performing acts or
implementing projects with public recognition or repercussion, such as broadcasting
a message that officially condemns the human rights violations in question and
makes a commitment to efforts designed to ensure that it does not happen again.
Such acts have the effect of restoring the memory of the victims, acknowledging
their dignity, and consoling their next of kin.31
97.
International case law has established repeatedly that the judgment
constitutes, per se, a form of reparation. However, owing to the circumstances of
this case, the sufferings that the facts caused to the victim and his next of kin, the
change in the living conditions of his next of kin and the other consequences of a
non-pecuniary nature that they suffered, the Court considers that the payment of
compensation for non-pecuniary damage is pertinent.32
98.
In the agreement on the methods and time limits for complying with the
reparations, the State undertook to pay the sum of US$250,000.00 (two hundred
and fifty thousand United States dollars) or the equivalent in new soles, for the nonpecuniary damage suffered by Pedro Huilca Tecse, Martha Flores Gutiérrez, Indira
Isabel Huilca Flores, José Carlos Huilca Flores, Flor de María Huilca Gutiérrez,
Katiuska Tatiana Huilca Gutiérrez, Pedro Humberto Huilca Gutiérrez and Julio César
Escobar Flores.
99.
Likewise, the agreement between the parties established that this amount
would be distributed as follows:
Victim
1.
2.
3.
4.
5.
Pedro Huilca Tecse (victim)
Martha Flores Gutiérrez (companion)
Indira Isabel Huilca Flores (daughter)
José Carlos Huilca Flores (son)
Flor de María Huilca Gutiérrez
Reparation for non-pecuniary damage
US$
US$
US$
US$
US$
60,000
40,000
20,000
20,000
40,000
31
Cf. Case of the Plan de Sánchez Massacre. Reparations, supra note 23, para. 80; Case of De La
Cruz Flores, supra note 25, para. 155; and Case of Tibi, supra note 24, para. 242.
32
Cf. Case of Carpio Nicolle et al., supra note 22, para. 117; Case of De La Cruz Flores, supra note
25, para. 155; and Case of Tibi, supra note 24, para. 243.
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