482. International case law has repeatedly established that the judgment constitutes per se
a form of reparation.509 The Court’s case law has further developed the concept of nonpecuniary damage, holding that it “may include both the suffering and distress caused to the
direct victims and their next of kin, and the impairment of values that are highly significant to
them, as well as other nonmaterial changes in the living conditions of the victim or family
members.”510
483. The Court considers that, in the instant case, it is not pertinent to order the payment
of financial compensation for nonpecuniary damage for violation of the right to life in injury of
Eduardo Nicolás Cruz Sánchez, bearing in mind that this judgment constitutes, per se,
sufficient redress for such damage, 511 and considering that measures concerning the
investigation and the publication of this judgment that have already been ordered provide due
reparation under the terms of Article 63(1) of the American Convention.
484. The Court also maintains that, with respect to Edgar Odón Cruz Acu��a, the measures
of rehabilitation awarded in this judgment provide sufficient, appropriate redress to
compensate for the damage done to his personal integrity.
485. Furthermore, concerning the harm derived from violation of Articles 8 and 25 of the
Convention in injury of Florentín Peceros Farfán, Nemecia Pedraza de Peceros, Jhenifer Solanch
Peceros Quispe, Herma Luz Cueva Torres and Edgar Odón Cruz Acuña in varying measure as
a consequence of the facts in the instant case, which was upheld herein, the Court holds that
the present judgment is in itself a form of compensation and moral satisfaction for the victims
and their relatives.512 The reparations involving investigation and publication of this judgment,
as ordered above, also provide due compensation under the terms of Article 63(1) of the
American Convention.
E.
Costs and expenses
Arguments of the parties
486. The representatives said that, for most of the domestic legal proceedings on the case,
the family had received support from APRODEH, which as a nonprofit organization, “has not
charged the family any fees whatsoever.” The representatives therefore asked the Court to set
an amount in equity for expenses incurred by APRODEH as legal representatives of the victims
in the domestic and international processes. The representatives also noted that CEJIL had
been helping with documentation for the case since 2001, and later joined the litigation in the
international process. According to the representatives, all this cost CEJIL money for travel,
hotel lodging, communication expenses, photocopies, office supplies, shipping, and the
expenditures for legal work specifically on this case and the work of investigation, compiling
and submitting evidence, holding interviews and preparing briefs. They provided a detailed
table itemizing all the expenditures CEJIL had incurred and asked the Court to set an amount
Cf. Case of El Amparo v. Venezuela. Reparations and Costs. Judgment of September 14, 1996. Series C No.
28, para. 35, and Case of Rodríguez Vera et al. (the Disappeared from the Palace of Justice) v. Colombia, supra,
para. 600.
509
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 Rodríguez Vera et al. (the Disappeared from the Palace of
Justice) v. Colombia, supra, para. 600.
510
Cf. Case of Fermín Ramírez v. Guatemala. Merits, Reparations and Costs. Judgment of June 20, 2005. Series
C No. 126, para. 130, and Case of Raxcacó Reyes v. Guatemala. Merits, Reparations and Costs. Judgment of
September 15, 2005. Series C No. 133, para. 131.
511
512
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, Reparations and Costs, supra, para. 225.
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