40
a result of their deaths. As such, the Court deems it appropriate to fix in equity the amount of
US$2.000,00 (two thousand United States dollars) as compensation for expenses incurred to each
of the three affected victims. These compensations shall be divided between the family members of
the deceased victims, in accordance with paragraph 163 of the present Judgment. The State shall
make the said payments within one-year from the notification of the present Judgment.
140. With regard to the victims’ loss of income, the Court fixes in equity and considering the life
expectancy of each of the victims the amounts of $US 42,000.00 (forty-two thousand United States
dollars) in favor of Mr. Wilmer Zambrano Vélez; $US 30,000.00 (thirty thousand United States
dollars) in favor of Mr. Segundo Olmedo Caicedo Cobeña; and $US 41,000.00 (forty-one thousand
United States dollars) in favor of Mr. José Miguel Caicedo Cobeña. The said amounts shall be
divided between the family members of the deceased victims, in accordance with paragraph 136 of
the present Judgment. The State shall make the said payments within one year from the
notification of the present Judgment.
*
*
*
141. The Court must now determine reparations for non-pecuniary damages, as understood by
the Court in its case-law116.
142. International case-law has established in various occasions that a judgment constitute per
se a form of reparation117. However, the Court considers necessary, in the instant case, to fix a
compensation for the non-pecuniary damages suffered as a result of the aforementioned violations.
143. As indicated by the Court in similar cases118, the non-pecuniary damage inflicted upon
Wilmer Zambrano Vélez, Segundo Olmedo Caicedo Cobeña and José Miguel Caicedo Cobeña
appears evident since it is inherent to the human nature that any person executed extrajudicially
experiment suffering, anguish, fear, helplessness and insecurity before dying, and therefore no
evidence is required for such damage. Taking into account the various aspects of the resulting nonpecuniary damage, the Court fixes in equity the amount of US$ 50,000.00 (fifty thousand United
States dollars), which shall be paid by the State in favor of each of Mr. Wilmer Zambrano Vélez,
Mr. Segundo Olmedo Caicedo Cobeña and Mr. José Miguel Caicedo Cobeña. These amounts shall be
distributed between the family members of the deceased victims, in accordance with paragraph
136 of the present Judgment.
144. Moreover, the Court considers necessary to fix compensation for non-pecuniary damages
suffered by the family members of the victims with regard to the violations held by the Court.
These damages consist of the lack of protection due to the lack of effective access to judicial
guarantees and judicial protection so that the competent authorities might determine the
circumstances of the extrajudicial execution of Mr. Wilmer Zambrano Vélez, Mr. Segundo Olmedo
Cf. Case of Cantoral Benavides. Reparations. Judgment of December 3, 2001. Series C No. 88, para. 53 and 57;
See also Case of Velásquez-Rodríguez. Reparations, supra note 110, para. 50; Case of La Cantuta, supra note 7, para. 216,
and Case of the Miguel Castro-Castro Prison, supra note 14, paras. 430 and 431.
116
Cf. Case of Suárez-Rosero. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of
January 20, 1999. Series C No. 44, para. 72. See also Case of Bueno Alves., supra note 8, para. 203 and Case of the
Rochela Massacre, supra note 7, para. 264.
117
Cf. Case of Neira-Alegría. Reparations. Judgment of September 19, 1996. Series C No. 27, para. 57; Case of the
Gómez-Paquiyauri Brothers, supra note 95, para. 217; Case of Juan Humberto Sánchez, supra note 75, para. 174; Case of
the “White Van” (Paniagua-Morales et al.). Reparations, supra note 14, para. 106; Case of Myrna Mack-Chang, supra note
7, para. 262, and Case of Castillo-Páez. Judgment of November 27, 1998. Series C No. 43, para. 86 See also Case of the
Rochela Massacre, supra note 7, para. 256; Case of La Cantuta, supra note 7, para. 217, and Case of the Miguel CastroCastro Prison, supra note 14, para. 432.
118