observes that the representatives have not submitted any evidence to prove that the
treatment was provided, or the amount that would have been paid for this treatment.
Despite this, the case file and the Mr. Fornerón’s statement before the Court reveal that, at
certain times, he received psychological treatment.124 Consequently, the Court decides to
establish, in equity, the sum of US$5,000 (five thousand dollars). In addition, regarding the
expenses related to the judicial measures and the steps taken to recover his daughter,
these will be analyzed in the section of this Judgment on costs and expenses (infra para.
204).
193. Lastly, regarding the representatives’ request for various amounts for future
expenditure on, inter alia, housing, food and health care, in favor of Mr. Fornerón’s
daughter (supra para. 189(b)), the Court considers that these are normal expenses that
correspond to the relationship between father and daughter and are unrelated to the
violations declared in this Judgment. Based on the foregoing, the Court considers that it is
not appropriate to order payments for pecuniary damage in this regard.
2. Non-pecuniary damage
194. In its case law, the Court has developed the concept of non-pecuniary damage and
the assumptions under which it must be compensated. In this regard, it has established that
non-pecuniary damage includes the suffering and anguish caused to the direct victims and
their next of kin, the harm to values of great significance to the individual, as well as the
changes of a non-pecuniary nature in the living conditions of the victims or their family.125
195. The representatives asked the Court to order the State to pay the sum of
US$1,250,000.00 (one million, two hundred fifty thousand dollars) for non-pecuniary
damage to Mr. Fornerón and his daughter. They indicated that Mr. Fornerón had suffered
due to the “appropriation” of his daughter, because her return was denied, and he had been
deprived of the enjoyment of watching her grow and of participating daily in her life. In
addition, he suffered owing to the State’s refusal to implement measures of reparation,
delaying and denying justice, which caused great uncertainty, helplessness and anguish,
preventing him from carrying on with his life in a normal manner. The separation from his
daughter resulted in an unjust and arbitrary change in his life, violating the laws in force,
and the trust he could place in the public bodies designed to protect him and to provide him
with certainty in the exercise of his rights and the satisfaction of his legitimate interests. His
representatives stated that Mr. Fornerón was unable to form another relationship, has not
had other children, has not had stable employment, could not choose where to live, or what
employment to take up, or undertake training, and his dreams were put on hold, because
he has been obliged to live the last 10 years awaiting judicial decisions, which were always
adverse, and exercising his paternity from the only place the State has permitted. In
addition, in their reports, judgments, decisions, acts and omissions, the public officials have
discriminated against him continuously. Based on the foregoing, they requested the sum of
US$500,000.00 (five hundred thousand dollars) for non-pecuniary damage. Regarding M,
the representatives requested the sum of US$750,000.00 (seven hundred and fifty
thousand dollars) for non-pecuniary damage, owing, inter alia, to the “suffering because she
had been appropriated from the time of her birth and been disposed of without respecting
her rights, and because the Argentine justice system denied her right to identity, her origin,
124
Statement by Mr. Fornerón during the public hearing and report of the Judiciary’s inter-disciplinary team
of June 1, 2009, supra note 46, folio 4079.
125
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment
of May 26, 2001. Series C No. 77, para. 84, and Case of González Medina and family v. Dominican Republic, supra
note 10, para. 315.
51
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