86
recommended, among other measures, to decentralize the services and promote
moving services of awareness and capacity building in detection and attention to
problems of violence and to improve access to telephone services for the
indigenous communities of Guerrero, so as to better address issues of violence
against women. The Court understands that the first of these measures would be
attended to by the mobile units. Nevertheless, the Court assesses said document
and deems it useful to inform the State to assess the need to advance in the
implementation of these two recommendations in the area where the facts of the
present case took place.
xiii) Other measures requested
279. In its final written arguments, the Commission requested the Court to order
the State to comply with various additional measures of reparation, such as: i) to
adopt, in a manner of high importance, a comprehensive and coordinated policy,
supported by the appropriate resources, in order to guarantee that the cases of
violence against women are adequately prevented, investigated, punished, and that
the victims are repaired, and ii) to implement “public policies” and institutional
programs aimed at surpassing the stereotypes regarding a woman’s role in society,
and to promote the eradication of socio-cultural patterns of discrimination that
prevent full access to justice for women, including training programs for public
employees in all branches of the administration of justice and the police, and
comprehensive prevention policies.” Moreover, the representatives, in their final
written arguments, requested the Court to order the State to establish “appropriate
and effective mechanisms for free, prior, and informed consent of the indigenous
villages and communities of Guerrero when legislative or administrative measures
are adopted that entail the presence of security forces, including soldiers, in the
territories of said villages, or in those were said communities are settled.”
280. The Court notes that these requests were not presented at the opportune
procedural moment by the Commission or the representatives, namely, in the
respective application and brief of pleadings and motions. As such, this measure or
reparation is time-barred and will not be considered by the Court.
C.
Compensation, costs, and expenses
i) Pecuniary damage
281. The Court has developed in its jurisprudence the concept of pecuniary
damage and the requisites for which it should be compensated. The Court has
established that pecuniary damage supposes “the loss of or detriment to the
income of the victims, the expenses incurred as a result of the facts, and the
pecuniary consequences that bear a relationship to the facts of the case.” 264
282. The Commission considered that the Court, in application of the criteria of
equity that has always informed its decisions on reparations and in accordance with
its jurisprudence, should establish the compensation that corresponds to the
victims in the present case.
283. The representatives indicated that in 2009, a piece of land owned by Mrs.
Fernández Ortega and her husband, where they grew agricultural products for their
264
Bámaca Velásquez v. Guatemala. Reparations and Costs, Judgment of February 22, 2002.
Series C No. 91, para. 43; Case of Chitay Nech, supra note 18, para. 261, and Case of Manuel Cepeda
Vargas, supra note 18, para. 242.
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