78
Reparations shall not, in any case, entail either
impoverishment of the victim or his or her family.149
the
enrichment
or
the
211. In light of the evidence gathered throughout the proceedings and the
abovementioned criteria, the Court will proceed to analyze the claims submitted by
the Commission and the representatives and the considerations of the State
regarding reparations, in order to determine first the beneficiaries of the reparations
and then, to order the necessary measures to redress the pecuniary and nonpecuniary damage sustained in the instant case, and to adopt measures of
satisfaction and non-repetition and finally to award court costs and expenses,
212. The Court will now summarize the arguments of the Inter-American
Commission, the representatives and the State concerning reparations.
Arguments of the Commission
213.
Regarding to reparations, the Commission argued, inter alia, that:
a)
the beneficiaries of the reparations are Albertina Viana-Lopes, victim’s
mother; Francisco Leopoldino-Lopes, victim’s father; Irene Ximenes-Lopes-Miranda,
victim’s sister; and Cosme Ximenes-Lopes, victim’s identical twin.
b)
In relation to pecuniary damage:
i.
the Commission requested the Court to determine, on equitable
grounds, the amount of the compensation for compensatory damage and lost
profits , and
ii.
regarding to lost profits, the Commission observed that there was no
loss of income concerning the disability pension the victim received from the
National Institute of Social Security until his death. However, it pointed out
that the victim could perform productive activities in the future to increase his
income.
c)
In relation to non-pecuniary damage:
i.
the Court must determine in equity the payment of compensation for
non-pecuniary damage, taking into account the level of suffering and distress
sustained by the victim’s next of kin as a result of the death of Mr. Damião
Ximenes-Lopes, and for the struggle for justice, and
ii.
the life death pension paid monthly to Albertina Viana-Lopes is
inadequate as reparation of non-pecuniary damage, as the State failed to
consider all the aspects entailed in pecuniary and non-pecuniary damage and
it also failed to comply with the international standards of compensation for
human rights violations.
d)
In relation to other forms of reparation, the Commission requested the Court
to order the State to:
149
Cf. Case of Baldeón-García, supra note 4, para. 177; Case of Sawhoyamaxa Indigenous
Community, supra note 4 para. 198; and Case of Acevedo Jaramillo et al., supra note 4, para. 297.