territory and of their People and, therefore, have been specific beneficiaries of the provisional
measures.” Lastly, they asked the Court to order the State “[t]o conduct the public act of
acknowledgement in the Spanish language and also in the Kichwa language, and […] to disseminate
it through the national media.”
304. The Commission did not make similar requests and the State did not refer to the
representatives’ request.
305. Although, in this case, the State has already acknowledged its responsibility on Sarayaku
territory, as it has in other cases 350 and in order to repair the damage caused to the Sarayaku
People by the violation of their rights, the Court finds that the State must organize a public act to
acknowledge its international responsibility for the violations declared in this Judgment. The
determination of the place and method of carrying out this act must be previously consulted and
agreed with the People. The act must take place in a public ceremony, in the presence of senior
State officials and the members of the People, in the Kichwa and Spanish languages, and must be
widely publicized in the media. The State has one year from notification of the Judgment to comply
with this measure.
b) Publication and broadcasting of the judgment
306. The representatives asked that “the relevant parts of the judgment be published at least once
in the Official Gazette and in another national newspaper, in both Spanish and Kichwa.” The
Commission and the State did not refer to this aspect.
307. In this regard, the Court finds, as it has in other cases,351 that the State must publish, within
six months of notification of this Judgment:
-
the official summary of this Judgment prepared by the Court, once, in the Official Gazette;
-
the official summary of this Judgment prepared by the Court, once, in a newspaper with wide
national circulation; and
-
this Judgment, in its entirety, on an official website, available for one year.
308. Furthermore, the Court considers it appropriate that the State publicize, through a radio
station with widespread coverage in the southeastern Amazonian region, the official summary of the
Judgment, in Spanish, Kichwa and other indigenous languages of this subregion, with the relevant
translation. The radio broadcast must be made on the first Sunday of the month, on at least four
occasions. The State has one year from notification of this Judgment to comply with this measure.
C. Compensation for pecuniary and non-pecuniary damage
C.1 Pecuniary damage
309. In its case law, the Court has developed the concept of pecuniary damage and the
circumstances in which it must be compensated. This Court has established that pecuniary damage
includes “the loss or detriment to the income of the victims, the expenses incurred as a result of the
350
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No. 88,
para. 81, and Case of Atala Riffo and daughters, para. 263. See also Case of the Moiwana Community, Preliminary objections,
merits, reparations and costs, paras. 216 and 217 and Case of the Xákmok Kásek Indigenous People v. Paraguay, para. 297.
351
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs, para. 79, and Case of Forneron and daughter v.
Argentina, para. 183.
83
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