64
ii)
the State must pay US $50,000.00 (fifty thousand dollars of the
United States of America) to repair the physical and mental infringement
suffered by Mr. Alfredo López Álvarez. They requested that the Court set
in equity the “moral damage” caused to Mrs. Teresa Reyes Reyes, as
well as to Mr. López Álvarez’s children, and those of Mrs. Reyes Reyes.
However, in the closing arguments they requested that the Court set in
equity US$100,000.00 (one hundred thousand dollars of the United
States of America) in favor of Alfredo López Álvarez for “moral damage”
and US$50,000.00 (fifty thousand dollars of the United States of
America) in reparation to Mrs. Teresa Reyes Reyes for that same
concept. Finally, they requested that the Tribunal set in equity an
amount for the other next of kin of the victim, his parents, children, and
siblings for their “moral damage”, and
iii)
the violations to the human rights of Mr. Alfredo López Álvarez
deprived him of the possibility to develop his life project, therefore not
being able to reach his personal, professional, and family objectives that
he had set for himself along with his family, reason for which they
requested the Court to, in equity, order the State to repair the damage
caused to the life project of the alleged victim.
198.
Arguments of the State:
It stated that the non-pecuniary damages referred to in the application do not
proceed.
Considerations of the Court
199. Non-pecuniary damages may include both suffering and affliction, detriment to
very significant personal values, as well as non-pecuniary alterations in the conditions
of existence of a victim. Since it is not possible to assign a precise monetary equivalent
to non-pecuniary damages, for the purposes of a comprehensive reparation to the
victims, it can only be the object of compensation in two forms. First, through payment
of an amount of money or delivery of goods or services that can be estimated in
monetary terms, which the Tribunal will establish through reasonable application of
judicial discretion and equity. And, second, through acts or works which are public in
their scope or effects, which among other effects have that of acknowledging the
victim’s dignity and avoiding the repetition of the violations.126
200. International jurisprudence has repeatedly established that the judgment
constitutes, per se, a form of reparation.127 However, due to the circumstances of the
case sub judice, the suffering that the facts have caused the victim and his next of kin,
the change in their living conditions, and the other non-pecuniary consequences
suffered by them, the Court considers it convenient to determine the payment of a
compensation, set with equity, for non-pecuniary damages.
126
Cf. Case of García-Asto and Ramírez-Rojas, supra note 7, para. 276; Case of Palamara-Iribarne,
supra note 15, para. 234; and Case of the “Mapiripán Massacre”, supra note 15, para. 282.
127
Cf. Case of Blanco-Romero et al., supra note 7, para. 69; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 268; and Case of Palamara-Iribarne, supra note 15, para. 258.
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