85 * * * 277. In previous cases, the Court has recognized that the life project of a victim of human rights violations may have been harmed. Nevertheless, this Court has established that the complex and comprehensive nature of the damage to the “life project” requires measures of satisfaction and guarantees of non-repetition, which go beyond the financial sphere. In this regard, the condemnation contained in other sections of this judgment contributes to compensate the victims in the case for the pecuniary and non-pecuniary damage suffered.285 D.2 Non-pecuniary damage 278. The Court has developed in its case law the concept of non-pecuniary damage and the hypotheses in which it must be compensated. The Tribunal has established that non-pecuniary damage “may include both the suffering and the afflictions caused to the direct victim and his next of kin, the damage to values that are very important to the persons, as well as the alterations, of a non-pecuniary nature, in the conditions of existence of the victim or his next of kin.”286 279. The Commission requested the Court, if it found it pertinent, to establish, in equity, an amount of compensation for non-pecuniary damage. 280. The representatives referred to the anguish, pain, despair and uncertainty suffered by the Ibsen family owing to the arbitrary detention and the enforced disappearance of Rainer Ibsen Cárdenas and José Luis Ibsen Peña. They also indicated that the threats and harassment that obliged the family to flee within their own country and the lack of information about the whereabouts of Messrs. Ibsen Cárdenas and Ibsen Peña caused irreparable and traumatic non-pecuniary damage to the victims. Consequently, based on the forced disappearance of Mr. Rainer Ibsen Cárdenas, they requested the Court to order the payment of symbolic compensation of US$700,000.00 (seven hundred thousand United States dollars) to Mrs. Martha Castro Mendoza. For the forced disappearance of Mr. José Luis Ibsen Peña, they requested compensation for the family with a “symbolic value” of US$900,000.00 (nine hundred thousand United States dollars). In addition, with regard to the suffering and pain of the Ibsen family for the “process suffered” by Rainer Ibsen Cárdenas, they called for compensation of US$250,000.00 (two hundred and fifty thousand United States dollars) for his stepmother, Martha Castro Mendoza, and of US$100,000.00 (one hundred thousand United States dollars) for each of his paternal siblings, Rebeca, Tito and Raquel Ibsen Castro. Finally, for the pain suffered by the family owing to what happened to José Luis Ibsen Peña, they requested a payment of US$500,000.00 (five hundred thousand United States dollars) for Martha Castro Mendoza, and payments of US$300,000.00 (three hundred thousand United States dollars) for each of his children, Rebeca, Tito y Raquel Ibsen Castro. 285 Cf. Case of Loayza-Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C No. 42, para. 153; Case of Cantoral-Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C No. 88. para. 80, and Case of Gutiérrez-Soler v. Colombia. Merits, Reparations and Costs. Judgment of September 12, 2005. Series C No. 132. para. 89. 286 Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs. Judgment of May 26, 2001. Series C No. 77, para. 84; Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 273, and Case of Manuel Cepeda Vargas v. Colombia, supra note 6, para. 242.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos