11
the only form of reparation. There may be cases in which restitutio in integrum is
impossible, insufficient, and inadequate. Compensation is the primary remedy for
damages suffered by the injured party, and includes, as this Court has held
previously, both material and moral damages. ( Garrido and Baigorria Case,
Reparations, supra 32, para. 41; Loayza Tamayo Case, Reparations, supra 31, para.
124, and Castillo Páez Case, supra 31, para. 69; cfr Chemin de fer de la baie de
Delagoa, sentence, 29 mars 1900, Martens, Nouveau Recueil Général de Traités,
2ème Série, t. 30, p. 402; Case of Cape Horn Pigeon, 29 November 1902, Papers
relating to the Foreign Relations of the United States, Washington, D.C.: Government
Printing Office, 1902, Appendix I, p. 470); Traité de Neuilly, article 179, annexe,
paragraphe 4 (interprétation), arrêt No 3, 1924, P.C.I.J., series A, No. 3, p.9. Maal
Case, 1 June 1903, Reports of International Arbitral Awards, vol. X, pp. 732 and 733,
and Campbell Case, 10 June 1931, Reports of International Arbitral Awards, vol. II,
p. 1158.)
A) MATERIAL DAMAGES
43.
The injured party stated that Mr. Nicholas Blake disappeared when he was 27
years old, a journalist, single, and childless. The injured party requested a minimum
of US$1,161,949.00 (one million one hundred sixty-one thousand, nine hundred
forty-nine dollars of the United States of America) or US$1,329,367.00 (one million
three hundred twenty-nine thousand three hundred sixty-seven dollars of the United
States of America), the amount that Nicholas Blake would have earned “if he had
continued to live and work as a journalist [...] until he retired at age 65.”
44.
Moreover, the injured party requested the payment of US$299,577.70 (two
hundred ninety-nine thousand, five hundred seventy-seven dollars of the United
States of America and seventy cents), as reimbursement for expenses. However,
during the public hearing on reparations, they clarified that the correct amount is
US$289,469.00 (two hundred eighty-nine thousand, four hundred sixty-nine dollars
of the United States of America), an amount with includes;
a.
expenses for the twenty-two trips made by members of the Blake
family to Guatemala and to Central America until they recovered the mortal
remains of Mr. Nicholas Blake in the month of June 1992, which amount to
US$112.108.00 (one hundred and twelve thousand hundred and eight dolars
of the United States of America). This amount includes expenses for airline
tickets, lodging, and meals.
b.
other expenses, listed as extraordinary, connected with the search for
Mr. Nicholas Blake, such as the rental of helicopters, contract with a forensic
anthropologist, and payments made to Felipe Alva, Military Commissioner and
leader of the Civil Defense Patrols of the region of Chiantla, in the Department
of Huehuetenango, Guatemala, which amount to US$8,023.00 (eight
thousand, twenty-three dollars of the United States of America)
c.
expenses of approximately US$21,374.58 (twenty-one thousand, three
hundred seventy-four dollars of the United States of America and fifty-eight
cents) for telephone calls to Guatemala City and other places in that country
during the search for Mr. Nicholas Blake. The expenses are broken down in
the following manner: US$19,200.00 (nineteen thousand, two hundred dollars
of the United States of America) in long distance charges to an ATT credit
card from 1985 to 1993 and US$2,174.58 (two thousand, one hundred