Judgment includes no opinion regarding the facts classified as “spoils of war” (supra para.
191), the request for compensation in that sense is also not granted.
305. Lastly, regarding the expenditures that the victims incurred to conduct and carry out the
different proceedings in domestic and international venues, since the request was also made by
the representative under the item of costs, the Court considers it pertinent to analyze the
expenditures as part of costs.
G.2. Non-pecuniary damages
306. The representative indicated that the non-pecuniary damages, "consisting of the
serious and prolonged suffering experienced," is estimated at the sum of USD 400,000.00
(four hundred thousand dollars of the United States of America), "for each of the applicants."
Regarding the harm in the form of “uncertainty, suffering, pain, and anguish of various types
and long duration" caused by the acts committed against Anatole and Victoria, it requested
USD 400,000.00 (four hundred thousand dollars of the United States of America) “to each of
them.” It indicated that it is without question appropriate to redress "the profound harm
caused to the 'life plans’ of the parents," for which it asked the Court to set, in equity, the
appropriate amount. It added that the “non-pecuniary damage caused by Decree 1025/96
“and its derivations” “should be treated separately”, for which it requested USD 70,000.00
(seventy thousand dollars of the United States of America) “for each one of the applicants.”
307. The Court has established that non-pecuniary damages may include distress and
suffering caused directly to the victims or their relatives, such as undermining individual core
values, and changes of a non-pecuniary nature in the living conditions of the victims or their
families. 320
308. Regarding damage to life plans, this Court has found that such damage is distinct from
loss of future earnings and indirect damages. 321 Indeed, a life plan involves the full selfactualization of the person concerned and takes account their calling in life, particular
circumstances, potential, and ambitions, thus permitting them to hold certain reasonable
expectations and achieve them. 322 Therefore, the life plan consists of expectations for
personal, professional, and family development that would be attainable under normal
conditions. 323 This Court has indicated that damage to life plans includes loss or serious
jeopardy to opportunities for personal development that is either irreparable or very difficult
to redress. 324 In certain cases, the Court has also ordered relative compensation for this type
of damage, among other measures. 325
309. In view of the serious facts committed and the violations declared, the Court deems it
appropriate, as it has in previous cases, 326 to order compensation for the non-pecuniary
damage caused to Mario Roger Julien Cáceres and Victoria Lucía Grisonas Andrijauskaite, as
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 26, 2001. Series C No. 77, par. 84, and Case of Garzón Guzmán et al. v. Ecuador, supra, par. 132.
321
Cf. Case of Loayza Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998, Series C No. 42,
par. 147, and Case of Casa Nina v. Peru, supra, par. 154.
322
Cf. Case of Loayza Tamayo v. Peru, supra, par. 147, and Case of Casa Nina v. Peru, supra, par. 154.
323
Cf. Case of Tibi v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of September 7,
2004, Series C No. 114, par. 245, and Case of Casa Nina v. Peru, supra, par. 154.
324
Cf. Case of Loayza Tamayo v. Peru, supra, par. 150, and Case of Casa Nina v. Peru, supra, par. 154.
325
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala, supra, par. 293, and Case of Rosadio Villavicencio v.
Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of October 14, 2019. Series C No. 388, par.
249.
326
Cf. Case of Aloeboetoe et al. v. Suriname. Reparations and Costs. Judgment of September 10, 1993. Series C
No. 15, pars. 51 52; Case of Gómez Palomino v. Peru, supra, par. 132, and Case of Garzón Guzmán et al. v. Ecuador,
supra, par. 134.
320
76