91
200. The Court takes into consideration these decisions taken by the State, as
they make a positive contribution to settling this dispute.168
*
*
*
A) PECUNIARY DAMAGE
201. In this section, the Court will determine the pecuniary damage, which
presumes the loss of or harm to the income of the victim, the expenditure incurred
as a result of the facts, and the pecuniary consequences that have a causal link to
the facts of the case sub judice.169 In this regard, it will establish a compensatory
amount that seeks to repair the patrimonial consequences of the violations declared
in this judgment. To decide on the claims for pecuniary damage, the Court will take
into account the body of evidence in this case, its own case law, and the arguments
of the parties.
202. Regarding the possible earnings that Mr. Canese failed to receive, the Court
will not establish any compensation for this concept, because there are insufficient
elements in the body of evidence to allow it to establish an approximate amount for
the earnings Mr. Canese failed to receive, or the activities he failed to receive
earnings for abroad.
203. In relation to the indirect damage alleged by the representatives, the Court
will not establish any compensation for this concept, because they did not indicate
any expenses incurred by Mr. Canese that had a causal link to the facts of the case,
and that differed from those he assumed in relation to the procedures before the
domestic judicial bodies (infra paras. 214 and 215); nor did they establish clearly
the other losses of a pecuniary nature suffered by the victim, over and above the
alleged loss of earnings.
B) NON-PECUNIARY DAMAGE
204. Non-pecuniary damage can include the suffering and hardship caused to the
direct victim and to his next of kin, the harm of objects of value that are very
significant to the individual, and also changes, of a non-pecuniary nature, in the
living conditions of the victim or his family. Since it is not possible to allocate a
precise monetary equivalent to non-pecuniary damage, it can only be compensated
in two ways in order to make integral reparation to the victims. First, by the
payment of a sum of money or the granting of goods or services with a monetary
value, that the Court decides by the reasonable exercise of judicial discretion and in
terms of fairness. Second, by performing acts or implementing projects with public
recognition or repercussion, such as broadcasting a message that officially condemns
the human rights violations in question and makes a commitment to efforts designed
to ensure that it does not happen again. Such acts have the effect of acknowledging
168
169
Cf. Case of “Five Pensioners”, supra note 113, para. 176.
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 205; Case of 19 Merchants, supra
note 2, para. 236; and Case of Molina-Theissen. Reparations, supra note 2, para. 55.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos