96
respect to establishing a mechanism for the compliance of this Judgment.
Considering the State’s commitment to comply with this Judgment, there is no need
for such a requirement.
D.
Indemnifications, costs, and expenses
286. The representatives informed that Mr. Juan Gelman had affirmed his decision
to be excluded as a beneficiary of the reparations regarding compensation, and the
Court will therefore abstain from determining this.
287. The State cited several provisions of the aforementioned Law 18.596 of
September 18, 2009, and stated that “it is in accordance with guidelines established
therein that the victims shall be compensated.”
D.1.
Pecuniary damage
288. The Commission requested that, without detriment to the representatives’
wishes, “the Court fix in equity an amount of compensation that corresponds to
consequential damages and loss of earnings.”
289. The representatives included in this concept the expenses that Maria
Macarena Gelman has had to incur in order to seek justice and the truth, as well as
covering medical and psychological expenses since she learned of the events. They
claimed that as of ten years ago and up until today, María Macarena has incurred
expenses related to travel, lodging, transportation, telephone calls, and
administrative and judicial costs, for all of which she does not have receipts, since
such expenses took place over the years. Therefore, they petitioned, that an amount
be fixed, in equity and for consequential damages, for the State to reimburse María
Macarena Gelman García for incurred expenses. They added that Maria Macarena
Gelman has “decid[ed] to donate to the non-governmental organization Childrens
Villages SOS [‘Aldeas Infantiles SOS’]” the amount that, eventually, the Court
establish for this.
290. The Court has developed in its jurisprudence the concept of pecuniary
damage and the amounts corresponding. It has established that pecuniary damage
encompass the “loss of, or detriment to, the victims’ income, expenses made as a
result of facts and consequences of a pecuniary nature with a causal connection to
the facts of the case.” 321
291. The Court fixes an amount, of $ 5,000.00 (five thousand dollars of the United
States of America) in favor of María Macarena Gelman for expenses incurred as a
result of the search of her mother.
292. As of loss of income, the representatives indicated that María Claudia Garcia
was 19 years old at the time of her disappearance, and that, according to available
data regarding life expectancy in Argentina in that era it was of 72 years, to which
321
Cf. Case of Bámaca Velásquez V. Guatemala. Reparations and Costs. Judgment of February 22,
2002. Series C No. 91, para. 43; Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para.
298, and Case of Cabrera García and Montiel Flores, supra note 16, para. 248.
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