71
and Marcelina Paquiyauri Illanes de Gómez, parents of the victims.
209. Based on all the above, the Court will now summarize the amounts set as
compensation for pecuniary damages in connection with the violations found:
REPARATIONS FOR PECUNIARY DAMAGES
Lost earnings
Damnum emergens
Total
Rafael Samuel Gómez
Paquiyauri (victim)
US$100,000.00
US$100,000.00
Emilio Moisés Gómez
Paquiyauri (victim)
US$100,000.00
US$100,000.00
Ricardo Samuel Gómez
Quispe and Marcelina
Paquiyauri Illanes de
Gómez (parents of the
victims)
US$40,500.00
US$40,500.00
US$240,500.00
TOTAL
210. The compensation ordered in favor of Rafael Samuel and Emilio Moisés Gómez
Paquiyauri for pecuniary damages must be distributed under the terms set forth in
paragraphs 199 and 200 of the instant Judgment.
C) NON-PECUNIARY DAMAGES
211. The Court will now address the injurious effects of the facts in this case that
are not financial or property-related. Non-pecuniary damage may include both the
suffering and affliction caused to the direct victims and to their close relations,
detriment to very significant values of the individuals, as well as non-pecuniary
changes in the conditions of existence of the victim or the victim’s family. Since it is
not possible to assign a specific monetary equivalent to non-pecuniary damage, for
purposes of comprehensive reparations to the victims it can only be compensated, in
two ways. First, by payment of an amount of money or delivery of goods or services
that can be quantified in monetary terms, which the Court will establish by rationally
applying judicial discretion and in terms of fairness. Second, by carrying out acts or
works that are public in their scope or repercussion, such as broadcasting a message
of official reproval of the human rights violations involved and of commitment to
efforts to avoid their repetition and to ensure remembrance of the victims,
acknowledgment of their dignity, and consolation to their relatives.149 The first aspect
of reparations for non-pecuniary damage will be addressed in this section, and the
second aspect in the following one.
Pleadings of the Commission
212. Regarding to compensation for non-pecuniary damages, the Commission
pointed out that:
149
See Case of Maritza Urrutia, supra note 5, paras. 161 and 171; Case of Myrna Mack Chang,
supra note 5, paras. 255 and 268; Case of Bulacio, supra note 6, paras. 90 and 105; and Case of Juan
Humberto Sánchez, supra note 15, para. 168.
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