186. With regard to Fabiola Valeria Torres and Marcos Alejandro Torres Millacura, the
Tribunal finds that the representatives did not sufficiently establish the causal
relationship between the fact that they could not find work and that they were Iván
Eladio Torres�� siblings. Nevertheless, with regard to Fabiola Valeria Torres, the Court
finds it reasonable that she incurred certain costs due to the steps she took towards
finding Mr. Torres Millacura, such as bringing claims before the Precinct and sleeping
there together with her mother, 182 in addition to filing a writ of habeas corpus on behalf
of her brother. (supra para. 134). Therefore, the Court rules to establish, in equity, the
amount of US $5,000.00 (five thousand US dollars of the United States of America) in
pecuniary damages to her benefit. This amount must be paid by the deadline that the
Court establishes for doing so (infra para. 206). Finally, with regard to Marcos Alejandro
Torres Millacura, the Court takes into account that, as can be deduced from his
testimony given before the Tribunal, he requested permission from his job to accompany
his mother in the search for Iván Eladio Torres Millacura, 183 which reasonably enough
meant a decline in his income. Therefore, the Court rules to establish, in equity, the
amount of US $2,000.00 (two thousand US dollars of the United States of America) in
pecuniary damages to the benefit of Marcos Alejandro Torres Millacura. This amount
must be paid by the deadline that the Court establishes for doing so (infra para. 206).
D.2.
Non-pecuniary damages.
187. The Court has developed in its jurisprudence the concept of non-pecuniary
damages and has established that it “can include both the suffering and distress caused
to the direct victims and their next of kin, and the impairment of values that are highly
significant to them, as well as other harm that cannot be assessed in financial terms to
the conditions of the victims or family.” 184
D.2.1
Arguments of the parties.
188. The Commission asked the Court "to grant full reparation to the family members
of Iván Eladio Torres Millacura, including compensation for […] moral damages."
189. The representatives expressed that "there is no way to erase the other damaging
consequences of a crime that is still being committed on a daily basis, even less so
through a sum of money." Nevertheless, they requested that the Court establish the
amount of US$80,000.00 (eighty thousand US dollars of the United States of America)
for non-pecuniary damages to the benefit of Iván Eladio Torres. 185 In addition, they
requested that the Court set "a monthly periodical amount [to be paid] until [Mr. Torres
Millacura] appears.” Additionally, the representatives requested that the Court order the
amount of US$75,000.00 (seventy-five thousand dollars of the United States of America)
182
Cf. Testimony rendered before notary public by Fabiola Valeria Torres on May 12, 2011 (case file on
the merits, tome II, folio 1112).
183
Cf. Testimony rendered before notary public by Marcos Alejandro Torres Millacura of May 9, 2011
(case file on the merits, tome II, folio 1176). See, also, the Testimony rendered before notary public by Fabiola
Valeria Torres of May 12, 2011 (case file on the merits, tome II, folio 1111).
184
Cf. Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs,
supra note 166, para. 84; Case of Chocrón Chocrón V. Venezuela, supra note 24, para. 185, and Case of Mejía
Idrovo V. Ecuador, supra note 17, para. 150.
185
In this regard, they requested that the Court use as a basis the amounts ordered as non-pecuniary
damage in the Case of Radilla Pacheco V. México, supra note 23.
54
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