establish the sum, in equity, of $US 2,000.00 (two thousand dollars of the
United States of America) for pecuniary damage in favor of Ms. Francisca
Mercedes Vera Valdez. This amount must be paid in the period set by the
Court for said purpose. (infra para. 146).
D.2
Non-pecuniary damages
133. The Court has developed in its jurisprudence the concept of nonpecuniary damage and has established that non-pecuniary damage consists of
“the suffering and the harm caused to the direct victims and their relatives,
the erosion of values of great significance to people, as well as the alterations
of a non-pecuniary nature, in the living conditions of the victim or the victim’s
family.” 131
D.2.1 Arguments of the parties
134. The Commission requested the Court to, as it deems necessary,
establish the sum, in equity, for compensation that corresponds to nonpecuniary damages caused as a consequence of the violations alleged in the
application. The representative requested that the Court establish the sum,
in equity, of US$ 80,000.00 dollars of the United Stats of America for Ms.
Francisca Mercedes Vera Valdez for the suffering caused when she had to
“beg daily” for her son to be appropriately cared for, in addition to the
“irreparable pain [caused] by the loss of her loved one.” The State expressed
that the amount requested by the representative was not in-line with the
violations alleged.
D.2.2 Considerations of the Court
135. International jurisprudence has repeatedly established that the
Judgment may constitute per se a form of reparation.132 However, considering
the circumstances of the case sub judice, the Court finds it pertinent to
establish a sum, in equity, as compensation for non-pecuniary damage. 133
136. In this regard, the Court notes that Mr. Pedro Miguel Vera Vera was
submitted to cruel, inhumane, and degrading treatment while he remained
injured due to a gunshot wound, under State custody, until his death. In
consideration of the nature of the violations committed, the Court deems it
relevant to establish the sum, in equity, of US$ 10,000.00 (ten thousand
dollars of the United Stats of America), in his favor, which should be delivered
131
Cf. Case of the “Street Children” (Villagrán Morales et al.) V. Guatemala, supra note
119, para. 84; Case of Salvador Chiriboga V. Ecuador, supra note 118, para. 105, and Case of
Abrill Alosilla et al. V. Perú, supra note 7, para. 116..
132
Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs. Judgment of September
19, 1996. Series C No. 29, para. 56; Case of Salvador Chiriboga V. Ecuador, supra note 118,
para. 112, and Case of Abrill Alosilla et al. V. Perú, supra note 7, para. 132.
133
Cf. Case of Neira Alegría et al. V. Perú, supra note 132, para. 56; Case of Salvador
Chiriboga V. Ecuador, supra note 118, para. 112, and Case of Abrill Alosilla et al. V. Perú, supra
note 7, para. 132.
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