62
chosen by the victims, including the cost of the necessary medicines if applicable,
after the medical evaluation of each one of them. The State objected to this request.
203. Upon verifying the suffering caused to the next-of-kin of Mr. Anzualdo Castro,
the Tribunal deems it is convenient to order the State to provide medical,
psychological and psychiatric treatment, free of charge, in an immediate, adequate
and effective way, by means of specialized public health care institutions, to those
next-of-kin who were considered victims by this Tribunal. The State shall take into
account the sufferings of each one of the beneficiaries, for which it shall previously
conduct a physical and psychological evaluation. Moreover, the treatment must be
provided for as long as they need it and must include the medicines they may
eventually require.
D)
Reparation, compensations, costs and legal expenses
D(1) Pecuniary damage
204. The Court’s case law has developed the concept of pecuniary damage and the
cases in which compensation therefore is due.236
205. The Commission requested the Court to establish an appropriate amount of
compensation, under the principle of equity, for pecuniary damage and it considered
that the injured party is entitled to such claims. The representatives, in addition,
presented specific requests as to pecuniary damage.
D.1.i) Consequential damages
206. As to the expenses incurred in order to determine the whereabouts of
Kenneth Ney Anzualdo Castro, the representatives noted the activities carried out by
his next-of-kin to try to locate him since the day of his disappearance, which
involved travelling to different parts of the country; therefore, they incurred in
expenses amounting to, approximately, US$ 900.00. Moreover, the family spent US$
1.000 in the hiring of an investigator’s services. Even Mr. Rommel Anzualdo Castro
economically helped the rest of the family from Spain. In turn, considering there are
no receipts of the expenses incurred in light of the lapse of time, they request the
Court to equitably determine the reimbursement for the expenses incurred by the
entire family regarding the criminal complaint, the participation of the Truth and
Reconciliation Commission and the judicial actions taken. Regarding the health
expenses, the representatives also requested the Court to equitably determine the
amount that may correspond for medical care and medicines for Mrs. Iris Isabel
Castro Cachay de Anzualdo, who, after the disappearance of her son, had health
problems that implied expenses. Moreover, they stated that the son of Marly Arleny
Anzualdo had to go to psychological sessions on six occasions due to the
disappearance of his uncle, and such expenses form part of the pecuniary damage.
Finally, the representatives pointed out that the Anzualdo family was forced to close
the small shop they run, from December 1993 to April 1994, which they considered
it constituted damage to family wealth and requested the Court to equitably
determine the compensation that may correspond in that regard.
236
This Tribunal has established that pecuniary damage involve “the loss of or detriment to the
victims’ income, the expenses incurred as a result of the facts and the monetary consequences that have
a causal nexus with the facts of the sub judice case.” Cf. Case of Bámaca Velásquez V. Guatemala.
Reparations and Costs, supra note 9. Para. 43; Case of Perozo et al. V. Venezuela, supra note 6, para.
405; and case of Ríos et al. V. Venezuela, supra note 6, para. 396.
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