53
trying to locate the victims, gathering information on the killings, and accessing
justice in the instant case. The Commission and the representatives failed to
ascertain the amount of said costs; therefore, this Court awards, on equitable
grounds, compensation in the amount of US$1,000.00 (one thousand United States
Dollars) to each family of the 37 victims. Said amount shall be distributed to the
victims´ next of kin in accordance with paragraph 122 of the instant Judgment.
C)
NON PECUNIARY DAMAGE
130. Given that it is impossible to assess the value of the non pecuniary damage
sustained in a precise equivalent in money, for the purposes of full reparation to the
victim, compensation may be made effective by paying an amount of money or by
delivering property or services whose value may be established in money, as the
Court may reasonably determine at its judicial discretion and based on equitable
standards; and on the other hand by public actions or works the effect of which,
among others, be to acknowledge the victim’s dignity and to avoid new violations of
human rights. 173 The first aspect of the reparation of non pecuniary damage will be
analyzed herein and the second aspect will be analyzed in section D) of this chapter.
131. Judgments, pursuant to repeated international precedents, constitute in and
of themselves a form of reparation.174 However, owing to the circumstances of the
instant case, the suffering the events have caused the victims and their next of kin,
the changes in their way of living and other consequences of a non pecuniary nature
they have borne, the Court considers appropriate to order payment of a
compensation, assessed on equitable grounds, for the non pecuniary damage
sustained.
132. Bearing in mind the various aspects of the damage the Commission and the
representatives allege, the Court determines, on equitable grounds, the value of
compensation for non pecuniary damage according to the following standards:
a)
with regard to the inmates of the “Detention Center of Catia”, the
Court takes into account the conditions under which the victims lived while
held in custody at said facility; and the use of disproportionate force which
eventually caused their death;
b)
with regard to the next of kin of the inmates, in light of the
acquiescence made by the State, the Court will take into account the fact they
were denied access to justice for over thirteen years, the lack of information
on the location of the dead bodies of the victims and the impact of having lost
their beloved ones. Furthermore, the Court states again that the suffering
caused to the victim “extends to the closest members of the family,
particularly those who were in close affective contact with the victim.”175
173
Cf. Case of Baldeón-García, supra note 3, para. 188; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 219, and Case of Acevedo-Jaramillo et al., supra note 3, para. 297.
174
Cf. Case of Baldeón-García, supra note 3, para. 189; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 220, and Case of Acevedo-Jaramillo et al., supra note 3, para. 309.
175
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 257; Case of the Serrano-Cruz Sisters,
supra note 6, para. 159; Case of the Gómez-Paquiyauri Brothers. Judgment of July 8, 2004. s C No. 110,
para. 218, and Case of the 19 Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 249.
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