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damage corresponding to the income that Mr. José Luis Ibsen Peña would have earned
during his probable working life, which must be distributed in equal parts among the
rightful claimants. This amount must be paid within the term established by the Court
(infra para. 292).
*
*
272. Regarding the disbursements made by the Ibsen family owing to the search for the
disappeared victims in this case, the representatives requested a sum of US$70,000.00
(seventy thousand United States dollars), to cover four decades of measures taken before
different public authorities and entities, accommodation, food, travel, payments for
telephone calls and others. It would also cover the loss of the “family home, which had to
be sold.” Furthermore, the representatives requested the sum of US$40,000.00 (forty
thousand United States dollars) for the expenses incurred owing to the damage to the
physical and mental health of the members of the Ibsen family, suffered as a result of the
facts of this case. The representatives also requested several amounts as compensatory
payments for alleged damage caused to the “life projects” of the direct victims and their
next of kin.
273. Regarding this item, the State requested the Court to take into account that in the
Case of Trujillo Oroza v. Bolivia the Court “ordered the State […] to pay slightly less than
50% of the family’s claim.” As to the expenses arising from the deterioration in the health
of the Ibsen family, the State asked the Court to rule in equity. Lastly, in relation to the
claims of the representatives concerning the life project of the victims, it considered that
they are not in keeping with the parameters established by the case law of the InterAmerican Court, and therefore asked the Court to assess them based on the equity
principle.
274. The Court acknowledges that the steps taken by the next of kin of Messrs. Ibsen
Cárdenas and Ibsen Peña in order to obtain information on their whereabouts resulted in
expenses that must be compensated. However, regarding the alleged loss of a family
home, the Court observes that the evidence provided by the representatives does not
reveal sufficient elements to establish the alleged damage and its relationship to the facts
of forced disappearance of Messrs. Ibsen Cárdenas and Ibsen Peña, so it will not establish
a specific amount in this regard.
275. Regarding the alleged expenditure for medical and psychological care incurred by
the victims in this case, the Court notes that the representatives did not present evidence
such as vouchers, medical records or certifications, among others, from which it could be
established that the members of the Ibsen family in fact did receive this care for ailments
related to the facts of the case and that expenses had been incurred in this regard. Even
though the Court has established that, owing to the nature and seriousness of the facts
that constitute enforced disappearance, the victims in this cases have suffered serious
psychological effects (supra paras. 128, 129, 131 to 133), for the Court to be able to order
the reimbursement of expenses under this item, they must be proved. Owing to the
foregoing, in this case it is not appropriate to establish a sum in this regard.
276. Consequently, the Court establishes, in equity, a compensation of US$5,000.00
(five thousand United States dollars) for the expenses incurred owing to the violations
declared in the instant case. This amount must be delivered in equal parts to Rebeca, Tito
and Raquel Ibsen Castro and must be paid within the term established by the Court (infra
para. 292).
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