for María Leontina Millacura Llaipén and Fabiola Valeria Torres and Marcos Alejandro
Torres Millacura. 186
190. The State expressed that the amount requested by the representatives "exceeds,
by a wide margin, the international standards on reparations."
D.2.2.
Considerations of the Court.
191. International jurisprudence has repeatedly established that the Judgment can
constitute per se a form of reparation.187 However, considering the circumstances of the
case sub judice, the Court finds it pertinent to establish an amount as compensation for
non-pecuniary damages.188
192. Attending to the compensation ordered by the Tribunal in other cases on enforced
disappearance of persons, in consideration of the circumstances of this case, the
significance, character, and seriousness of the violations committed, the pattern of police
abuse in which the disappearance took place, the suffering experienced by the victim,
the time that has passed since the disappearance began, the denial of justice, the Court
finds it pertinent to establish, in equity, the amount of US $50,000.00 (fifty thousand
dollars of the United States of America) to the benefit of Iván Eladio Torres Millacura as
compensation for non-pecuniary damages. At the same time and for the same purpose,
the Tribunal establish, in equity, compensation of US $35,000.00 (thirty-five thousand
dollars of the United States of America) to the benefit of Mrs. María Leontina Millacura
Llaipén, as well as compensation of US $10,000.00 (ten thousand dollars of the United
States of America) to the benefit of Fabiola Valeria Torres and US $5,000.00 (five
thousand dollars of the United States of America) to the benefit of Marcos Alejandro
Torres, given that the effects to personal integrity suffered by them as a consequence of
the facts in this case have been proven, as have their efforts to locate the whereabouts
of their son and brother, respectively. (supra paras. 141 to 145). These amounts must
be paid in the period set by the Court (infra para. 206).
E.
Costs and expenses.
193. As previously indicated by the Court on other occasions, costs and expenses are
included in the concept of reparations enshrined in Article 63(1) of the American
Convention. 189
E.1.
Arguments of the parties.
194. The Commission asked the Court "to grant full reparations to the family members
of Iván Eladio Torres Millacura, including […] costs from litigating on the domestic and
international levels."
186
For this rubric, the representatives requrested the Court to consider the Case of Garrido and Baigorria
V. Argentina. Reparations and Costs, supra note 160.
187
Cf. Case of Vera Vera et al. V. Ecuador, para. 135.
188
Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs, supra note 152, para. 56; Case of
Chocrón Chocrón V. Venezuela, supra note 24, paras. 149 and 191, and Case of Mejía Idrovo V. Ecuador, supra
note 17, paras. 134 and 156.
189
Cf. Case of Garrido and Baigorria V. Argentina. Reparations and Costs, supra note 160, para. 79; Case
of Chocrón Chocrón V. Venezuela, supra note 24, para. 192, and Case of Mejía Idrovo V. Ecuador, supra note
17, para. 157.
55
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos