6
endeavoring to ensure full and effective reparation for the damage caused and taking
into account the special nature of human rights treaties.
22.
In its vast case law on reparations, the Court has developed the aspects of
pecuniary damage that must be repaired in cases of human rights violations. The Court
has established that pecuniary damage refers to the loss or prejudice to the income of
the victims, the expenses incurred as a result of the facts, and the consequences of a
pecuniary nature that are directly related to the facts of the case.18 The elements of
pecuniary damage recognized by the Inter-American Court include loss of potential
earnings, indirect damage and damage to family assets. Although, through its case
law, the Court has used diverse criteria to calculate loss of earnings, it has also made it
clear that, in order to establish the compensation, “international courts usually use the
principle of fairness, according to the circumstances of the specific case, and thus
order reasonable compensation for the damage caused; in general, they do not base
this on invariable, rigid formulas.”19 In Velásquez Rodríguez v. Honduras it even
indicated that, if the compensation for loss of income was received by the victim’s next
of kin “[i]t is not correct […] to adhere to rigid criteria, […], but rather to arrive at a
prudent estimate of the damage, given the circumstances of each case.”20 It should be
noted that in order to establish the compensation corresponding to loss of income,
although the Court takes into account certain criteria and the evidence provided, on
repeated occasions it has been establishing the amounts, “in fairness”21; in other
words, without using a rigid criteria applicable to all cases and, in certain cases, it has
even decided to distribute the amounts established in keeping with the inheritance law
in force in the country where the facts occurred.22
III.
Verification that domestic compensation conforms to the international
obligation to make reparation
23.
At times, such as in the instant case, when establishing reparations in the
international sphere, the Court may face the situation in which the domestic
jurisdiction has ordered compensatory damages for the harm derived from the State’s
responsibility. In the instant case, the administrative proceedings established the
responsibility of the State and, based on the criteria established in the domestic
jurisdiction, “Olga Navia Soto was awarded the sum of 910,308,742.00 Colombian
18
Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs. Judgment of
June 7, 2003. Series C No. 99, para. 162, and Cf. inter alia, Bámaca Velásquez v. Guatemala. Reparations and
costs. Judgment of February 22, 2002. Series C No. 91, para. 43; La Cantuta v. Peru. Merits, reparations and costs.
Judgment of November 29, 2006. Series C No. 162, para. 213, and Cantoral Huamaní and García Santa Cruz v.
Peru. Preliminary objection, merits, reparations and costs. Judgment of July 10, 2007. Series C No. 167, para. 166.
19
Juan Humberto Sánchez v. Honduras. Interpretation of the judgment on preliminary objection, merits and
reparations. Judgment of November 26, 2003. Series C No. 102, para. 56. In this case, the State had argued that
the Court’s judgment that ordered the reparations was not clear as regards the procedure used to determine the
amounts of the compensation for pecuniary and non-pecuniary damage, because “it has not established a formula
for this” (para. 50.b).
20
Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7, para.
48.
21
Cf., inter alia, Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment
of November 23, 2009. Series C No. 209, para. 365; Usón Ramírez v. Venezuela. Preliminary objection, merits,
reparations and costs. Judgment of November 20, 2009. Series C No. 207, para. 180; González et al. (“Campo
Algodonero”) v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of November 16, 2009.
Series C No. 205, para. 577, and Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs.
Judgment of September 22, 2009. Series C No. 202, para. 214.
22
González et al. (“Campo Algodonero”) v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 16, 2009. Series C No. 205, para. 578.
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