29
61.
The Court has already established on repeated occasions that pecuniary
damage “involves the loss of or detriment to the income of the victims, the
expenditure arising from the facts, and the consequences of a pecuniary nature that
have a causal relationship with the facts of the case.”69 Consequently, determination
of the beneficiaries of the compensation for pecuniary damage is not based solely on
the establishment of family ties with the victim, but also on the fact that harm has
been suffered as a consequence of the facts that violated the Convention, which can
be attributed to the State.
62.
The Court observes that the State confuses domestic and international law on
this matter.
In the instant case, the Court determined various headings for
pecuniary damage that had to be compensated by the State, taking into account
“the claims of the parties, the body of evidence, the proven facts of the [...] case
Consequently, the Court
and [the criteria of the] case law’ of the Court.70
recognized:
a)
The expenditure effectively incurred by the parents of Juan Humberto
Sánchez and one of his companions “in order to find his whereabouts, in view
of the concealment of what had happened and the failure to investigate the
facts by the Honduran authorities”71;
b)
The loss of income of the sisters of Juan Humberto Sánchez, who lost
their employment “as a result of [one of them] traveling to the public hearing
held at the Inter-American Court”72 and in favor of one of the companions of
Juan Humberto Sánchez, who also lost her employment, but as a result of the
measures she took to discover the whereabouts of Sánchez73; and
c)
Also, as on other occasions,74 in this case the Court established
compensation for past and future medical expenses and for the move that the
next of kin of Juan Humberto Sánchez were forced to make. With regard to
medical expenses, the Court found that both the parents and one of the
companions of Juan Humberto Sánchez “suffered various health problems as
a result of the detention and extrajudicial execution of […] Juan Humberto
third considering paragraph; Garrido and Baigorria case, supra note 65, third considering paragraph; and
inter alia, Trujillo Oroza case, Reparations, supra note 20, para. 106; Barrios Altos case. Reparations,
supra note 49, para. 41; Barrios Altos case. Interpretation of the judgment on merits, supra note 65, para.
15; and Barrios Altos case, supra note 48, para. 41.
69
Juan Humberto Sánchez case, supra note 10, para. 162. Also, cf., Trujillo Oroza case,
Reparations, supra note 20, para. 65; Bámaca Velásquez case, Reparations, supra note 15, para. 43; and
Castillo Páez case, Reparations, supra note 13, para. 76.
70
Juan Humberto Sánchez case, supra note 10, para. 166.
71
Juan Humberto Sánchez case, supra note 10, para. 166.a).
72
Juan Humberto Sánchez case, supra note 10, paras. 70.E.41.d) and 166.b).
73
Juan Humberto Sánchez case, supra note 10, paras. 70.41.c) and 166.b).
74
Cf. El Caracazo case, Reparations, supra note 13, para. 86; Trujillo Oroza case, Reparations,
supra note 20, para. 74.b; Bámaca Velásquez case. Reparations, supra note 15, para. 54.b); Cantoral
Benavides case, Reparations, supra note 15, para. 51.d); and the White Van” case (Paniagua Morales et
al.), Reparations, supra note 15, para. 98.
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