104
216. Non pecuniary damage may cover both the suffering and distress caused to the
direct victim and the victim’s relatives, the impairment of values of major personal
significance, and the non pecuniary changes to the victim’s or the victim’s family’s living
conditions. Since accurately quantifying non pecuniary damage is impossible, such damage
can only be compensated, for the purpose of providing comprehensive reparation to the
victim, through the payment of such sum of money or the provision of such goods or
services of monetary worth as may be determined by the Court, in fairness and at its
reasonable judicial discretion, and through public action or works aimed at giving
recognition to the victim’s human dignity and preventing any further human rights
violations.165 The former aspect of reparation of non pecuniary damage will be analyzed in
this section, whereas the latter aspect will be addressed in section D) of this chapter.
217. As held by the Court in previous cases,166 the non pecuniary damage caused to Hugo
Muñoz-Sánchez, Dora Oyague-Fierro, Marcelino Rosales-Cárdenas, Bertila Lozano-Torres,
Luis Enrique Ortiz-Perea, Armando Richard Amaro-Cóndor, Robert Edgar Teodoro-Espinoza,
Heráclides Pablo-Meza, Juan Gabriel Mariños-Figueroa, and Felipe Flores-Chipana is evident,
as it is human nature for any person who is subjected to arbitrary detention, forced
disappearance or extra-legal execution to experience deep suffering, distress, terror,
impotence and insecurity, which is why no proof of such damage is required. As noted
above (supra para. 210), the Court considers that the State has already provided
compensation for such damage, in connection with the civil damages awarded to the ten
victims that were executed or caused to disappear.
218. As regards the next of kin of the ten victims that were executed or caused to
disappear, the Court insists that the suffering caused to the victim “extends to the closest
members of the family, particularly those who were in close affective contact with the
victim.”167 Furthermore, the Court has found that a person’s suffering or death – in this
case, the forced disappearance and extra-legal execution – cause non pecuniary damage to
that person’s daughters, sons, spouse or common-law spouse, and mother and father,
which is why no proof is required in this regard.168
219. International courts have repeatedly held that a judgment is, in and of itself, a form
of redress.169 The Court does, however, consider it necessary to order, in fairness,170
payment of the following sums as compensation for non pecuniary damage on account of
the suffering of the next of kin of the ten victims that were caused to disappear or
165
Cf. Case of Goiburú et al., supra note 1, para. 156; Case of Montero-Aranguren et al. (Detention Center of
Catia), supra note 97, para. 130; and Case of Ximenes-Lopes, supra note 6, para. 227.
166
Cf. Case of Goiburú et al., supra note 1, para. 157; Case of the Ituango Massacress, supra note 8, para.
384, and Case of the Pueblo Bello Massacre, supra note 3, para. 255.
167
Cf. Case of Goiburú et al., supra note 1, para. 159; Case of Montero-Aranguren et al. (Detention Center of
Catia), supra note 97, para. 132(b); and Case of the Pueblo Bello Massacre, supra note 3, para. 257.
168
So was found in other cases as well, also with regard to the daughters, sons, spouse, common-law
spouse, mother and father, among others. Cf. Case of Goiburú et al., supra note 1, para. 159; Case of the Ituango
Massacress, supra note 8, para. 386; and Case of the Pueblo Bello Massacre, supra note 3, para. 257.
169
Cf. Case of Almonacid-Arellano et al., supra note 6, para. 161; Case of Vargas-Areco, supra note 1, para.
150; and Case of Goiburú et al., supra note 1, para. 160.
170
Cf. Case of Goiburú et al., supra note 1, para. 160; Case of the Ituango Massacress, supra note 8, para.
390; and Case of the Pueblo Bello Massacre, supra note 3, para. 258.
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