9
32.
However, in its judgment on the merits (Godínez Cruz Case, supra 2, para. 191), the
Court has already pointed out the Government's continuing duty to investigate so long as the
fate of a disappeared person is unknown (supra 30). The duty to investigate is in addition to the
duties to prevent involuntary disappearances and to punish those directly responsible (Godínez
Cruz Case, supra 2, para. 184).
33.
Although these obligations were not expressly incorporated into the resolutory part of the
judgment on the merits, it is a principle of procedural law that the bases of a judicial decision are
a part of the same. Consequently, the Court declares that those obligations on the part of
Honduras continue until they are fully carried out.
34.
Otherwise, the Court understands that the judgment on the merits of January 20, 1989, is
in itself a type of reparation and moral satisfaction of significance and importance for the families
of the victims.
35.
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.
36.
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.
37.
Because of the foregoing, the Court believes, then, that the fair compensation, described
as "compensatory" in the judgment on the merits of January 20, 1989, includes reparation to the
family of the victim of the material and moral damages they suffered because of the involuntary
disappearance of Saúl Godínez Cruz.
VI
38.
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.
39.
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 Saúl Godínez Cruz.
40.
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 (Godínez Cruz Case, supra 2, para. 202).
41.
The Government argues that the compensation should be on the basis of the most
favorable treatment possible for the family of Saúl Godínez Cruz 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 fourteen
thousand eight hundred sixty-three lempiras and fifty cents, to which it would contribute an
additional amount to bring the compensation to sixty thousand lempiras.