LGBTI+ persons, disaggregating the data by community, race, ethnic origin, religion or
belief, health status, age, class and migratory or economic situation.” 212 Therefore, the
Court does not consider it necessary to reiterate this measure of reparation to Peru,
since compliance with it is currently being analyzed by the Court in the corresponding
monitoring compliance stage.
160. With regard to the seventh, eighth, tenth and eleventh reparation measures
requested by the representatives (supra para. 149), the Court does not find any causal
link between the violations declared and the said reparations; therefore it is not
appropriate to order them.
161. Finally, regarding the seven additional measures of reparation requested by the
representatives in their final written arguments (supra para. 150), the Court considers,
as it has done in other cases, 213 that it is not appropriate to grant these requests, since
they were submitted extemporaneously.
E. Compensation
162. The Commission requested, in general terms, “full” reparation for the human
rights violations declared in the Merits Report.
163. The representatives requested that the Court award the sum of USD$ 75,000.00
(seventy-five thousand United States dollars) for the moral damage caused by the
Peruvian authorities, in validating the discriminatory treatment suffered by Mr. Olivera
Fuentes for publicly showing affection to his partner, and for the physical and
psychological ailments resulting from the denial of justice for 17 years.
164. The State argued that there was no basis to justify the amount claimed by the
representatives.
165. The Court has established in its case law that non-pecuniary damage “may include
both the suffering and distress caused to the direct victims and their next of kin, the
impairment of values that are very significant to them, as well as changes of a nonpecuniary nature in the living conditions of the victim or his family.” However, since it is
not possible to assign a precise monetary value to non-pecuniary damage, this can only
be compensated, for the purposes of comprehensive reparation to victims, through the
payment of a sum of money or the delivery of goods or services that can be estimated
in monetary terms, as prudently determined by the Court, in application of judicial
discretion and the principle of equity. 214
166. The Court confirms that Mr. Olivera suffered discriminatory treatment on the part
of the administrative and judicial authorities. Such treatment further intensified the
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 252.
Cf. Case of Sales Pimenta v. Brazil, supra, para. 165 and Case of Nissen Pessolani v. Paraguay, supra,
para. 128.
214
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, supra,
para. 84, and Case of Dial et al. v. Trinidad and Tobago. Merits and reparations. Judgment of November 21,
2022. Series C No. 476, para. 99.
212
213
57