2
punitive, with the aim of putting an end to impunity and ensuring
realization of justice ―which is perfectly in accordance with the current
stage of development of international law" (para. 46).
5.
Indeed, reparations of dissuasive or exemplary nature can already be found in
the precedents of this Court. Thus, for instance, in the Case of Aloeboetoe v. Suriname
(Judgment of September, 10, 1993), the Court ordered to reopen a school and
establish a foundation to assist the beneficiaries. In the Case of Villagrán-Morales et al.
v. Guatemala (case of the "Street Children," Judgment of May 26, 2001), the Court
ordered once again that an education center be named after the victims of the case;
similarly, in the Case of Trujillo-Oroza v. Bolivia (Judgment of February 27, 2002), the
Court again ordered that an education establishment be given the name of the victim.
6.
I find particularly significant and exemplary the reparation measures aimed at
recognizing the suffering of the victims and preserving their collective memory. We can
mention some other related examples in precedents of the Court. In the Case of
Cantoral Benavides v. Peru (Judgment of December 3, 2001), for instance, the Court
ordered the State to provide a university student grant to the victim. In the Case of
Barrios Altos v. Peru (Judgment of November 30, 2001), the Court ordered reparations
to be made effective through education-related benefits and payment of expenses for
health services.
7.
Moreover, in the Case of Durand and Ugarte v. Peru (Judgment of December 3,
2001), the Court once again ordered payment of health services or expenses and
psychological support. In the Case of Myrna Mack-Chang v. Guatemala (Judgment of
November 25, 2003), the Court ordered reparations3 of both compensatory and
punitive nature, for dissuasive or exemplary purposes, in order to preserve the memory
of the violations occurred, to satisfy (in the sense of achieving justice) the relatives of
the victim, and to contribute to guarantee non-repetition of such violations.
8.
These exemplary reparations are similar to “punitive damages” which, contrary
to what some hasty authors aver, do exist. "Punitive damages" ―a notion which is not
strange to comparative domestic case law and to arbitration international law―4 may,
3
4
.
Such as those specified in operating paragraphs 6-11 of the Judgment rendered in that case.
.
Cf., e.g., inter alia, R.W. Hodgin and E. Veitch, "Punitive Damages Reassessed", 21 International
and Comparative Law Quarterly (1972) pp 119-132. Some authors even find a tendency to clearly
recognize "punitive damages" in international law; cf., e.g., N.H.B. Jorgensen, "A Reappraisal of Punitive
Damages in International Law", 68 British Year Book of International Law (1997) pp 247-266. And, for the
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