-132has been establishing amounts that differ from those of the Inter-American
Court when it finds that the State has caused an illegal damage to an
individual, and these should be taken in account.
Findings of the Court
254. Non-pecuniary damage can include the suffering and hardship caused to the
direct victims and their next of kin, the harm of objects of value that are very
significant to the individual, and also changes, of a non-pecuniary nature, in the
living conditions of the victims. Since it is not possible to allocate a precise monetary
equivalent for non-pecuniary damage, it can only be compensated in two ways in
order to provide comprehensive reparation to the victims. First, by the payment of a
sum of money that the Court decides by the reasonable exercise of judicial discretion
and based on the principle of equity, or by means of compensation such as granting
or providing specific goods or services. And, second, by acts or projects with public
recognition or repercussion, such as broadcasting a message that officially condemns
the human rights violations in question and makes a commitment to efforts designed
to ensure it does not happen again.257 Such acts have the effect of acknowledging
the dignity of the victims and consoling their next of kin.
255. As the Court has indicated in other cases,258 the non-pecuniary damage
inflicted on the victims is evident, because it is inherent in human nature that all
those subjected to brutal acts in the context of this case experienced intense
suffering, anguish, terror and insecurity, so that this damage does not have to be
proved.
256. As has been established, before being disappeared and deprived of life, the 43
persons were deprived of liberty and subjected to inhumane treatment (supra para.
95(33)). The next of kin of the persons disappeared and deprived of life have
suffered harm as a result of their disappearance or death, owing to the lack of
support from the State authorities in an effective search for the disappeared and the
fear to begin or continue their own search for their family members. Since most of
the victims are disappeared, their immediate family have not been able to honor
their loved ones appropriately. The absence of a complete and effective investigation
into the facts and the partial impunity constitute an additional source of suffering and
anguish for the next of kin. All the foregoing, in addition to affecting their mental
integrity, has had an impact on their social and labor relations, altered the dynamics
of their families and, in some cases, jeopardized the life and physical integrity of
some of the family members (supra para. 95(161)).
257. With regard to the next of kin of the persons disappeared and deprived of life,
the Court reiterates that the suffering caused to a victim “extends to the closest
members of the family, particularly those who were in close affective contact with
the victim.”259 In addition, the Court has presumed that the suffering or death of a
257
Cf. Case of Blanco Romero et al., supra note 10, para. 86; Case of García Asto and Ramírez
Rojas, supra note 10, para. 267, and Case of Gómez Palomino, supra note 10, para. 130.
258
Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 283; Case of Tibi, supra note 192,
para. 244, and Case of the “Juvenile Reeducation Institute”, supra note 17, para. 300.
259
Cf. Case of the Serrano Cruz Sisters, supra note 214, para. 159; Case of the Gómez Paquiyauri
Brothers, supra note 188, para. 218, and Case of 19 Merchants, supra note 192, para. 249.
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