297. The State indicated that “there is no evidence of the causal nexus between the
expenditures incurred by Mr. Vélez and his family, argued as consequential damages, and
the facts of the instant case,” which is “essential when ordering compensation for this
concept.” Therefore, Colombia asked the Court to “abide by the expenses that have been
authenticated with vouchers or invoices.”
298. Regarding consequential damage, the Court observes that the representative did not
provide evidence that would allow it to verify either the expenses or the amounts indicated
as corresponding to “consequential damage and damage to the family wealth”; furthermore,
the body of evidence reveals that some of them were not assumed by the Vélez Román
family. Nevertheless, the Court finds it reasonable that, in order to treat the psychological
damage suffered as a result of the violations declared in this Judgment, the Vélez Román
family had to incur expenses for the concept of psychological treatment, 269 and it is also
reasonable that they incurred other expenses because, owing to the threats, they had to
move house, and also incurred expenses owing to their move to the United States, which
meant that they had to leave their belongings in Colombia. Consequently, the Court
establishes, in equity, the sum of US$40,000.00 (forty thousand United States dollars) for
consequential damage, which must be paid to Mr. Vélez Restrepo within one year of
notification of this Judgment.
D.2) Non-pecuniary damage
299. In its case law, the Court has developed the concept of non-pecuniary damage and
has established that it “may include both the suffering and difficulties caused to the direct
victim and his next of kin, the harm to values that are of great significance to the individual,
and also the alterations, of a non-pecuniary nature, in the living conditions of the victims or
their family.”270
300. The representative asked the Court to order that, as a measure of reparation for the
non-pecuniary damage suffered, the State pay the sums of: (i) US$140,000271 to Mr. Vélez
Restrepo;272 (ii) US$100,000 to Mrs. Román Amariles;273 (iii) US$50,000 to Mateo Vélez
Román,274 and (iv) US$40,000 to Juliana Vélez Román.275
269
The estimate presented by the representative indicated that the updated amount for the concept of
individual psychological treatment for each member of the Vélez Restrepo family and for the couple amounted to
$3,840,347.20 Colombian pesos.
270
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, para. 84,
and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations, para. 318.
271
In the pleadings and motions brief the representative asked the Court to order the payment of
US$150,000 to Mr. Vélez Restrepo as a measure of reparation for the non-pecuniary damage. However, in his final
written arguments he stated that “in light of the testimony given [by Mr. Vélez] during the public hearing […], the
amount for the concept of non-pecuniary damage sh[ould] be reduced to US$140,000.
272
Regarding Mr. Vélez Restrepo, the representative argued that the moral and mental damage suffered
result from: (i) the violation of his rights to physical integrity and life that caused him “intense physical, mental and
moral suffering,“ the physical and psychological effects of which remain, 15 years after the events; (ii) the violation
to his rights to freedom of thought and expression, and to dignity and honor, because the events “had an
intimidating effect […] that had a negative impact on his professional work”; (iii) the forced separation he suffered
from his immediate family from October 1997 to September 1998; (iv) the financial, family, and professional crises
he has experienced in the United States; (v) the separation from his parents, siblings, nieces and nephews, and
other relatives in Medellín; (vi) the death of his mother, without being able to see or be with her during her final
days; (vii) the impunity in which the facts remain, and (viii) the irreparable damage to his life project, because the
facts culminated with exile in the United States and this has prevented him from “following a professional and
personal trajectory under normal conditions.”
273
Regarding Mrs. Román Amariles, the representative argued that the non-pecuniary damage suffered
results from: (i) the threats and harassments of which she was a victim in Colombia as of September 1997; (ii) the
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