10 a part of the same. Consequently, the Court declares that those obligations on the part of Honduras continue until they are fully carried out. 36. Otherwise, the Court understands that the judgment on the merits of July 29, 1988, is in itself a type of reparation and moral satisfaction of significance and importance for the families of the victims. 37. The attorneys also request the payment by the Government of punitive damages as part of the indemnity, because this case involved extremely serious violations of human rights. 38. The expression "fair compensation," used in Article 63 (1) of the Convention to refer to a part of the reparation and to the "injured party," is compensatory and not punitive. Although some domestic courts, particularly the Anglo-American, award damages in amounts meant to deter or to serve as an example, this principle is not applicable in international law at this time. 39. Because of the foregoing, the Court believes, then, that the fair compensation, described as "compensatory" in the judgment on the merits of July 29, 1988, includes reparation to the family of the victim of the material and moral damages they suffered because of the involuntary disappearance of Manfredo Velásquez. VI 40. Having defined the scope and limitations of the fair compensation referred to in resolutory point number 6 of the judgment on the merits, the Court now turns to the bases for the payment of the same. 41. In this regard, the attorneys ask for compensation for patrimonial damages within the concept of damages and include in the latter the expenses of the family related to the investigation of the whereabouts of Manfredo Velásquez. 42. The Court cannot grant that request in the present case. Though it is theoretically correct that those expenses come within the definition of damages, they cannot be awarded in the instant case because they were not pleaded or proven opportunely. No estimate or proof of expenses related to the investigation of the whereabouts of the victim was submitted during the trial. Likewise, with regard to litigation expenses in bringing the matter before the Court, the judgment on the merits already denied an award of costs because there was no pleading to support the request (Velásquez Rodríguez Case, supra 2, para. 193). 43. The Government argues that the compensation should be on the basis of the most favorable treatment possible for the family of Manfredo Velásquez under Honduran law, which is that provided by the Law of the National Institute of Social Security for Teachers in the case of accidental death. According to the Government, the family would be entitled to a total of fortyone thousand two hundred lempiras, to which it would contribute an additional amount to bring the compensation to one hundred and fifty thousand lempiras. 44. The Commission does not propose an amount, but rather asserts that the compensation should include two elements: a) the greatest benefits that Honduran legislation allows nationals in cases of this type and which, according to the Commission, are those granted by the Institute of Military Pensions, and b) a cash amount which should be set according to what is provided for by Honduran and international law.

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