during their probable lifetime. According to the allegations made by the parties, Fredy Núñez
Naranjo was working as a professional driver and was assisting in the family business at the time
of the events (supra para. 35). However, there is not enough evidence relating to his income.
Therefore, the Court decides to set, in equit,y the total amount of USD $35,000.00 (thirty-five
thousand dollars of the United States of America) as compensation for lost earnings in favor of Mr.
Fredy Núñez Naranjo, a sum that should be divided equally between his parents, Sixto Núñez and
María Gregoria Naranjo.
G.2 Non-Pecuniary Damages
173. In its case law, the Court has developed the concept of non-pecuniary damage, and has
established that this can include both the suffering and distress caused to the direct victims and
their next of kin, as well as the impairment of values that are highly significant to them, as well
as non-pecuniary disruptions to the living conditions of the victim or their family.198 On the other
hand, since it is not possible to assign them a precise monetary equivalent, for the purposes of
making integral reparation to the victims they may only be compensated by the payment of a sum
of money or the assignment of goods or services that can be assessed monetarily, as prudently
determined by the Court, applying judicial discretion and the principle of equity.199
174. First, taking into account the compensations ordered by the Inter-American Court in other
cases of forced disappearance of persons, the circumstances of the present case, the violations
committed, the suffering caused, and the time elapsed, the Court deems it appropriate to set, in
equity, the amount of USD $80,000.00 (eighty thousand United States dollars) in favor of Fredy
Núñez Naranjo, which must be distributed equally to his parents, Sixto Núñez Naranjo and María
Gregoria Naranjo.
175. Likewise, additionally, as compensation for the damages suffered directly as a result of the
violation of their rights to judicial guarantees, to judicial protection, to the punishment of those
responsible for the forced disappearance, to the truth and to humane treatment, the sum of USD
$20,000.00 (twenty thousand United States dollars) for each of the parents of Fredy Núñez
Naranjo, Mr. Sixto Núñez and Mrs. María Gregoria Núñez Naranjo, and USD $10,000.00 (ten
thousand United States dollars) for each of his sisters, Mrs. Marcia and Mrs. Silvia Núñez Naranjo.
176. Similarly, the Court believes that in addition to the non-pecuniary damages suffered directly
by the relatives of Mr. Núñez Naranjo due to his forced disappearance (supra para. 127), Mrs.
María Gregoria Naranjo and Marcia Núñez Naranjo experienced differentiated suffering due to the
absence of a prompt and effective investigation into the injuries they allegedly experienced (supra
para. 132). Therefore, the Court sets, in equity, the amount of USD $15,000.00 (fifteen thousand
United States dollars) for each of them, for non-pecuniary damages.
H.
Costs and Expenses
177. The Court recalls that, in accordance with its case law, costs and expenses form part of the
concept of reparation, because the efforts made by the victims in order to obtain justice, both at
the national and the international level, imply expenditures that must be compensated when the
198
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 Flores Bedregal et al. v. Bolivia, supra, para. 212.
199
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala,, supra, para. 84, and Case of Movilla
Galarcio et al. v. Colombia, supra, para. 132.
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