60
establishing an amount to be paid in addition to the one agreed upon at the domestic level
for non-pecuniary damage in favor of María Leticia Valle Jaramillo, Ligia Amparo Valle
Jaramillo, Luzmila Valle Jaramillo, Blanca Inés Valle Jaramillo, Marina Valle Jaramillo, María
Magdalena Valle Jaramillo, Romelia Valle Jaramillo, Octavio de Jesús Valle Jaramillo and Luis
Fernando Montoya Valle.
209. Moreover, although the representatives requested an additional amount for Ligia
Valle Jaramillo and Octavio Valle Jaramillo for pecuniary and non-pecuniary damage,
because they had declared that they disagreed with the Settlement Agreement (infra paras.
214 and 222), the Court considers that it has not been proved before the Court that these
two victims, who did not live with Jesús María Valle Jaramillo and who are parties to the
Settlement Agreement, suffered pecuniary damage. Regarding non-pecuniary damage, the
Court finds that the amounts ordered and approved at the domestic level in favor of Ligia
Valle Jaramillo and Octavio Valle Jaramillo are reasonable and meet this Court’s standards.
Consequently, the Court does not find it pertinent to establish an additional amount for
pecuniary and non-pecuniary damage for these two victims.
210. Lastly, considering that Francisco Darío Valle Jaramillo, who was declared a victim in
this case and regarding whom the State acquiesced (supra paras. 38, 111, 115 and 169),
did not receive any compensation152 under the Agreement signed between the Colombian
State and ten siblings and one nephew of Jesús María Valle Jaramillo (supra para. 202), the
Court establishes, in equity, in his favor, the sum of US$10,00000 (ten thousand United
States dollars) as compensation for non-pecuniary damage. The State must make the
payment of this amount directly to the beneficiary, within one year of notification of this
judgment.
211. Based on the above, in the following paragraphs, the Court will refer to pertinent
reparations of a pecuniary nature with regard to the others who have been declared victims
in this case and who did not participate in the Settlement Agreement.
B.1)
Pecuniary damage
212. The Court has developed the concept of pecuniary damage and the assumptions in
which it must be compensated.153
213. The Commission asked the Court to “establish, in equity, the compensation
corresponding to special damage and loss of earnings.” In this regard, the Commission
“observe[d] that several members of the deceased victim’s family and Carlos Fernando
Jaramillo Correa, surviving victim, have not benefited” from the settlement agreement
reached in the domestic administrative jurisdiction, and that “the payments offered have
not been made in full.” In addition, it considered that the Court “should rule on whether the
amounts paid under the extrajudicial settlement […] should be deducted from those it
orders in its judgment.”
152
Settlement Agreement of April 26, 2007, approved on September 28, 2007, supra note 146 (folios 2841
and 2842).
153
The Court has established that pecuniary damage entails “the loss of, or detriment to, the income of the
victim, and the expenses incurred by the next of kin due to the facts of the case.” Bámaca Velásquez v.
Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No. 91, para. 43; Case of Bayarri,
supra note 13, para. 127, and Castañeda Gutman v. Mexico. Preliminary objections, merits, reparations and costs.
Judgment of August 6, 2008. Series C No. 184, note 74.
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