Considerations of the Court
283. In its case law, the Court has developed the concept of pecuniary damage and has
established that this supposes “the loss of, or detriment to, the income of the victims, the
expenses incurred based on the facts, and the consequences of a pecuniary nature that have a
causal nexus with the facts of the case.”295
284. The Court has also developed the concept of non-pecuniary damage in its case law and
the assumptions in which it should be compensated. Non-pecuniary damage “may include both
the sufferings and difficulties caused to the direct victim and his next of kin, the impairment of
values that are very significant to the individual, and also the changes of a non-pecuniary
character in the living conditions of the victim or of his or her family."296
285. Based on its case law, and considering the circumstances of this case, the violations
committed, the harm caused and the change in the living conditions, the proven effects on the
personal integrity of the next of kin of the victims, and the other consequences of a pecuniary
and non-pecuniary nature that they suffered, the Court establishes, in equity, the following
sums in favor of the victims, as compensation for pecuniary and non-pecuniary damage:
Name
Rumaldo Juan Pacheco Osco
Fredesvinda Tineo Godos
Frida Edith Pacheco Tineo
Juana Guadalupe Pacheco Tineo
Juan Ricardo Pacheco Tineo
US$
US$
US$
US$
US$
Amount
10,000.00
10,000.00
5,000.00
5,000.00
5,000.00
E. Reimbursement of expenses to the Victims’ Legal Assistance Fund
286. In 2008, the General Assembly of the Organization of American States established the
Legal Assistance Fund of the inter-American human rights system, “in order to “facilitate access
to the inter-American human rights system by persons who currently lack the resources needed
to bring their cases before the system.” 297 In the instant case, since two inter-American
defenders were appointed to represent the victims (supra para. 4), an Order of the President of
the Court of February 19, 2013, decided that access to the Legal Assistance Fund would be
granted to cover the reasonable and necessary expenses arising from this representation. 298
These expenses consisted of: (i) the visit to Chile of the inter-American defenders (Roberto
Tadeu Vaz Curvo and Gustavo Zapata Báez) to interview the presumed victims; (ii) the
necessary travel and accommodation for the two inter-American defenders to attend the public
hearing; (iii) the necessary travel expenses for Rumaldo Juan Pacheco Osco and Fredesvinda
Tineo Godos to attend the public hearing, and iv) the expenses for preparing and sending the
affidavit with the expert opinion of Mario Uribe Rivera.
295
Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No.
91, para. 43, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, para. 282
296
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of
May 26, 2001. Series C No. 77, para. 84, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador,
para. 303.
297
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the thirty-eighth General Assembly of the OAS, during
the fourth plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American Human
Rights System,” operative paragraph 2(b), operative paragraph 2(a), and CP/RES. 963 (1728/09), Resolution adopted
by the OAS Permanent Council on November 11, 2009, “Rules of Procedure for the Legal Assistance Fund of the InterAmerican Human Rights System,” article 1(1).
298
Both the Rules for the Operation of the Fund, and the regulations contained in the agreement signed by the
Inter-American Court and AIDEF apply.
83
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