52
179. Based on its precedents, the Court has established various methods to provide for
reparation for non-pecuniary damage sustained.221
180. The Commission requested the Court to establish, on an equitable basis, the amount
of the compensation to be paid for non-pecuniary damage as a result of the "suffering
endured by the relatives of the victim due to lack of an efficient investigation of the events
and adequate punishment of those responsible, among other things”.
181. Furthermore, the representatives indicated that “it is evident that the relatives of
Mrs. Blanca Jeannette Kawas-Fernández suffered considerably as a result of her death”. In
that regard, they requested the Court to establish compensation considering “the pain
caused given the violent and sudden nature of the victim's death [;] [as] this event took
place while most of her relatives [were] out of Honduras[;] and that [t]he anguish feeling
increased as result of the frustration and defenselessness for having her murder go
unpunished”. The representatives also requested the Court to consider that her death
originated in her capacity as environmental activist”.
182.
The State did not submit specific allegations in that regard.
183. In Chapters VII and VIII of this Judgment, the Court concluded that the manner and
circumstances in which Mrs. Blanca Jeannette Kawas-Fernández was murdered, and failure
by Government authorities to investigate that event as well as the inefficacy of the
measures adopted to clarify the events and, if applicable, punish those responsible therefor,
have affected the moral and psychological health of the late Jacobo Kawas-Cury, Blanca
Fernández, Selsa Damaris and Jaime Alejandro Watt-Kawas, Jacobo Roberto KawasFernández, Jorge Jesús Kawas-Fernández and Carmen Marilena Kawas-Fernández, all of
them relatives of Mrs. Blanca Jeannette Kawas-Fernández.
184. Judgments whereby violations of rights are acknowledged, pursuant to repeated
international precedents, constitute in and of themselves a form of reparation.222 That
notwithstanding, given the circumstances of the instant case, the Court finds that it is
appropriate to order payment of a compensation, assessed on an equitable basis, for nonpecuniary damage sustained by the relatives of Mrs. Blanca Jeannette Kawas-Fernández,
who are considered victims of violations of the rights enshrined in Articles 5(1), 8(1) and
25(1) of the American Convention, in relation to Article 1(1) thereof (supra paras. 117 to
119 and 131 to 139). Based on the considerations above, the Court orders the State to pay
the amount of USD$ 20,000.00 (twenty thousand United States dollars) to the benefit of
each of Selsa Damaris and Jaime Alejandro Kawas-Fernández; the amount of USD$
221
Non pecuniary damage may include distress and suffering caused directly to the victim or its relatives,
tampering with individual core values, and changes of a non pecuniary nature in the victim's or relatives' everyday
life. Given that it is impossible to assess the value of the non pecuniary damage sustained in a precise equivalent in
money, […] compensation may be made effective by paying an amount of money or by delivering property or
services whose value may be established in money, as the Court may reasonably determine […] based on equitable
standards; and on the other hand by public actions or works aimed at acknowledging the victim's dignity and
avoiding new human rights violation. Cf. Case of Neira Alegría v. Perú. Reparations and Costs. Judgment of
September 19, 1996. Series C No. 29, para. 57; 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 Ríos et al.
Preliminary Objections, Merits, Reparations and Costs, supra note 10, para. 396, and Case of Perozo et al.
Preliminary Objections, Merits, Reparations and Costs, supra note 10, para. 405.
222
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 Ríos et al. Preliminary Objections, Merits, Reparations and Costs, supra note 10, para.
403; and Case of Perozo et al. Preliminary Objections, Merits, Reparations and Costs, supra note 10, para. 413.
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