53
128. Based on the foregoing, the Court considers that the financial standing of the
members of the family of Mr. Santiago Gómez-Palomino was seriously affected due
to the events in the instant case, and that Mrs. Victoria Margarita Palomino-Buitrón
ceased to receive her regular income for a year, all of which resulted from the facts
forming the subject matter of the instant case. Consequently, and bearing in mind
the particular circumstances of the case sub judice, the Court fixes on equitable
grounds, a compensation amounting US $21.000,00 (twenty-one thousand United
States dollars), or its equivalent in Peruvian currency, to be distributed, in equal
shares, among Mrs. Victoria Margarita Palomino-Buitrón, Mrs. María Dolores GómezPalomino and Mrs. Luzmila Sotelo-Palomino.
129. Pursuant to the aforementioned, this Court fixes, on equitable grounds, the
amount of compensation for pecuniary damage according to the following table:
BENEFICIARIES
Santiago Gómez-Palomino
Victoria Margarita Palomino-Buitrón
María Dolores Gómez-Palomino
Luzmila Sotelo-Palomino
TOTAL AMOUNT
B)
US
US
US
US
US
CANTIDAD
$50,000.00
$8,000.00
$8,000.00
$8,000.00
$74,000.00
NON PECUNIARY DAMAGE
130. Non pecuniary damage may include distress, suffering, tampering with the
core values of the victim and of his next of kin, and changes of a non pecuniary
nature in the person’s or his family’s everyday life. As it is impossible to ascertain
the monetary value of the non pecuniary damage sustained, for the purposes of full
reparation to the victims, it may be carried out in two ways. On the one hand, by
paying the victim an amount of money or by delivering property or services the
worth of which may be established in money, as the Court may determine
exercising reasonably its judicial discretion and applying equitable standards;81 and
on the other hand by public actions or works such as the release of an official
message of repudiation of the violations of the human rights involved in the instant
case and the commitment to endeavor to avoid new violations of human rights, the
effect of which will be to publicly recognize the victim’s dignity and to comfort the
victim’s next of kin. The first aspect of the reparation of non pecuniary damage will
be analyzed in this Article, and the second one, in Article C) of this chapter.
131. The judgment, according to repeated international precedents, constitutes, in
and of itself, a form of reparation.82 However, owing to the circumstances of the
instant case, the suffering the events have caused the victim and his next of kin,
the changes in their way of life and the other consequences of a non pecuniary
nature they bore, the Inter-American Court considers it must order the payment of
81
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 282; Case of Gutierrez-Soler, supra
note 4, para. 82, and Case of Acosta-Calderón, supra note 9, para. 158.
82
Cf. Case of the “Mapiripán Massacre, supra note 1, para. 285; Case of Raxcacó-Reyes, supra
note 4, para. 131, and Case of Gutierrez-Soler, supra note 4, para. 83.
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