14
286.
International case law has established repeatedly that the judgment may constitute per se a form of
reparation. Nevertheless, in its case law, the Court has developed the concept of non-pecuniary damage and
has established that this “may include the suffering and afflictions caused to the direct victim and his next of
kin, the impairment of values that are of great significance to the individual, and also the changes of a nonpecuniary nature in the living conditions of the victim or his family.”
287.
Bearing in mind the circumstances of this case, the violations committed, the different degrees of
suffering caused and experienced, the time that has elapsed, the denial of justice, and also the changes in
the living conditions of some family members, the proven violations of the personal integrity of the victim’s
family, and the other consequences of a non-pecuniary nature they suffered, the Court will now establish, in
equity, the compensation for non-pecuniary damage in favor of the victims.
288.
First, the Court considers that the circumstances that surrounded the detention and subsequent
disappearance of Jeremías Osorio Rivera were such that they caused profound fear and suffering. In previous
cases, the Inter-American Court has found that similar circumstances had caused the victim serious nonpecuniary harm that had to be assessed in its full dimension when establishing compensation for this concept.
In light of these criteria, the Court considers that Jeremías Osorio Rivera should be compensated for nonpecuniary damage and orders, in equity, the payment of US$80,000.00 (eighty thousand United States
dollars). Half this amount must be delivered to Santa Fe Gaitán Calderón, and the other half must be shared
equally among the children of Jeremías Osorio Rivera, namely: Edith Laritza Osorio Gaytán, Neida Rocío Osorio
Gaitán, Vannesa Judith Osorio Gaitán and Jersy Jeremías Osorio Gaitán.
289.
Second, the Court finds that Santa Fe Gaitán Calderón, Edith Laritza Osorio Gaytán, Neida Rocío
Osorio Gaitán, Vannesa Judith Osorio Gaitán and Jersy Jeremías Osorio Gaitán have experienced great
suffering or their life projects were affected as a result of the enforced disappearance of Jeremías Osorio
Rivera. Consequently, the Court establishes, in equity, the sum of US$45,000.00 (forty-five thousand United
States dollars), for non-pecuniary damage, in favor of Santa Fe Gaitán Calderón, and of each child of Jeremías
Osorio Rivera, namely: Edith Laritza Osorio Gaytán, Neida Rocío Osorio Gaitán, Vannesa Judith Osorio Gaitán
and Jersy Jeremías Osorio Gaitán.
290.
Lastly, considering the effects on their personal integrity suffered to different degrees as a result of
the facts of this case, the Court establishes, in equity, the sum of US$20,000.00 (twenty thousand United
States dollars) for Juana Rivera Lozano, and US$10,000.00 (ten thousand United States dollars) for each of
the following siblings of Jeremías Osorio Rivera: Epifanía Alejandrina, Elena Máxima, Adelaida, Silvia, Mario
and Efraín, all with the surnames Osorio Rivera. In addition, the Court establishes, in equity, the sum of
US$45,000.00 (forty-five thousand United States dollars) for Porfirio Osorio Rivera, who has been the main
promoter of the search for justice for the disappearance of his brother, Jeremías Osorio Rivera.
47.
First, the Court notes that, as indicated by the State, its request is not related to a
disagreement on the meaning or scope of the ruling ordered in the judgment regarding the specific
case (supra paras. 5 and 43). Moreover, this Court considers that the preceding paragraphs, and in
particular paragraphs 280, 283 and 287, clearly refer to the criteria used by the Court to determine
the different concepts related to compensatory damages, based on the evidence provided, other
similar precedents related to cases of enforced disappearance of persons, equity and reasonableness.
Therefore, the Court does not deem it appropriate or necessary to make additional clarifications in
this regard.
V
OPERATIVE PARAGRAPHS
48.
Therefore,
THE COURT,
pursuant to Article 67 of the American Convention on Human Rights and Articles 31(3) and 68 of the
Rules of Procedure,
DECIDES:
Unanimously,