41
B)
PECUNIARY DAMAGE
146. Pecuniary damage purports a loss or detriment to the victims’ income, the
expenses made as a result of the events and the pecuniary consequences of the
facts of the instant case. The Court will establish the compensations to be paid for
the violations declared in this Judgment,74 based on the State’s acknowledgment of
liability, the circumstances of the case, the evidence submitted, the arguments of the
parties and the criteria established in the Court’s precedents.75
147. The Court will not analyze the loss of income suffered by the minor VargasAreco. The events that may purport a violation of the child’s rights occurred before
the State recognized the jurisdiction of the Court. Moreover, the parties have not
alleged that the relatives of the minor Vargas-Areco suffered a loss of income as a
result of the violations declared in the instant case; therefore, the Court will not
assess any amount to be paid in that regard.
148. The Court recognizes that the relatives of Gerardo Vargas-Areco incurred in
expenses upon offering Gerardo a proper burial. Therefore, the Court has decided to
order payment of compensation, determined on equitable grounds, in the amount of
US$ 3,000 (three thousand United States dollars) or its equivalent in Paraguayan
currency. Said amount must be delivered to the parents of Gerardo Vargas-Areco in
equal parts.
C)
NON-PECUNIARY DAMAGE
149. Non-pecuniary damage may include distress and suffering resulting from
violations, tampering with the victim’s core values, and changes of a non-pecuniary
nature in the person’s everyday life. Given that it is not possible to assess the value
of non-pecuniary damage in a precise monetary equivalent, the Court must order
other means to redress in full the damage sustained. Firstly, said compensation will
be made effective by paying an amount of money to be reasonably determined at
the Court’s discretion, based on equity principles. Secondly, said compensation will
be made effective through public actions or works, such as the publication of an
official message repudiating the human rights violations at stake and committing to
prevent similar violations in the future. These acts are aimed at restoring the victims’
memory, recognizing their dignity and comforting their relatives.76 The first aspect of
the reparation of non-pecuniary damage will be analyzed in this section and the
second aspect in the section on other forms of reparation.
150. Judgments, pursuant to repeated international precedents, constitute in and
of themselves a form of reparation.77 However, owing to the circumstances of the
74
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 126; Case
of Ximenes-Lopes, supra note 3, para. 220; Case of the Ituango Massacres, supra note 3, para. 370.
75
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 126; Case
of Ximenes-Lopes, supra note 3, para. 220; Case of the Ituango Massacres, supra note 3, para. 370.
76
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 130; Case
of Ximenes-Lopes, supra note 3, para. 227; Case of the Ituango Massacres, supra note 3, para. 383.
77
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 131; Case
of Ximenes-Lopes, supra note 3, para. 236; Case of the Ituango Massacres, supra note 3, para. 387.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos