112
*
*
243. Mr. Palamara-Iribarne and Mrs. Anne Ellen Stewart-Orlandini incurred a
number of expenses as a consequence of the prosecution of Mr. Palamara-Iribarne in
the military criminal proceedings, as well as due to the order to abandon, within a
period of about one week, the state-owned dwelling where both resided with their
three children (supra para. 63(105)). Both Palamara-Iribarne and his wife and their
three children were forced to move to a different city, for which purpose they had to
incur moving expenses. Consequently, the Court finds it appropriate to set, on
grounds of equity, the sum of US$ 4,000.00 (four thousand United States dollars) or
its equivalent in Chilean currency. Such compensation is to be paid within one year
to Mr. Palamara-Iribarne, who will in turn deliver to Mrs. Anne Ellen StewartOrlandini such portion thereof as is appropriate to compensate her for the expenses
she actually incurred.
B) NON PECUNIARY DAMAGE
244. Non pecuniary damage may include distress and suffering caused directly to the
victim or the victim’s relatives, the impairment of an individual’s core values, and
changes of a non pecuniary nature in the everyday life of the victim or the victim’s
family. Given that it is impossible to assess the value of the non pecuniary damage
sustained in a precise equivalent in money, for the purposes of full reparation to the
victim, 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 at its judicial discretion and based on equitable
standards, and by public actions or works, such as the broadcasting of a message
officially condemning the relevant violations of human rights and committing to
making efforts intended to prevent their recurrence, aimed at acknowledging the
victim’s dignity.230 The first aspect of the reparation of non pecuniary damage will be
analyzed herein, and its second aspect will be analyzed in section (C) of this chapter.
245. Judgments, pursuant to repeated international precedents, constitute in and of
themselves a form of reparation.231 However, due to the circumstances of the instant
case and the non pecuniary consequences of the violations of the right to fair trial
and judicial protection committed by way of the proceedings held and judgments of
conviction rendered against Mr. Palamara-Iribarne by the military criminal courts on
the professional, personal and family life of the victim and the exercise of his rights
to freedom of thought and expression and to property, it is the Court’s view that non
pecuniary damage must also be redressed through compensatory damages, on
grounds of equity.232
230
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 245; Case of YATAMA, supra note 5, para.
243; and Case of the Indigenous Community Yakye Axa, supra note 5, para. 199.
231
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 285; Case of Gutiérrez-Soler, supra note
1, para. 83; and Case of the Girls Yean and Bosico, supra note 2, para. 223.
232
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 285; Case of Gutiérrez-Soler, supra note
1, para. 83; and Case of the Girls Yean and Bosico, supra note 2, para. 223.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos