135
because this damage will be repaired by other non-pecuniary forms of reparation
(infra paras. 404 and 407).
376. Regarding the conciliation agreements presented as evidence to the Court,
which had been settled during the administrative proceedings (supra para.
125(101)), the Court recalls the principle that reparations should not make the
victims or their successors either richer or poorer. As indicated above (supra paras.
335 to 343), these agreements establish compensation for pecuniary and nonpecuniary damage that includes some of the elements covered by the reparations for
these concepts granted by the Court. The Court will therefore take into account the
cases of those who have benefited from these agreements in the administrative
proceedings, in relation to both pecuniary and non-pecuniary damage, when
applicable. Since the Court has no evidence that the amounts granted at the
domestic level in the administrative jurisdiction in relation to the facts of the
massacre of El Aro have been paid, it will proceed to order reparations for pecuniary
and non-pecuniary to the victims in this case who lived in that district, without
prejudice to the State subtracting the amounts granted at the domestic level when
paying the reparations ordered by the Court. Should the reparations granted in the
administrative proceedings be greater than those ordered by the Court in this
judgment, the State may not subtract this difference from the victim.
377. Regarding the proceedings for direct reparation filed by the victims in this
case or their next of kin that are still pending before the Colombian administrative
jurisdiction, the Court establishes pertinent reparations in this judgment irrespective
of their current status. When the State makes the respective payments, it should
inform the courts that are hearing these proceedings so they can take this into
consideration in their decisions.270
378. Regarding the displaced persons, when determining the corresponding
reparations, the Court will take into account that some of them have received
assistance from the State based on their situation.
379. Consequently, on grounds of equity, and taking into account the evidence
provided and the arguments presented by the parties, the Court establishes the
compensation for pecuniary damage to the victims who have been identified and who
are listed in Appendix I of this judgment for the persons deprived of their life and in
Appendix III for those who lost livestock.
C) Non-pecuniary damage
The Commission’s arguments
380.
Regarding non-pecuniary damage, the Commission indicated that:
(a)
The Court should order the payment of compensation, on grounds of
equity, and considering the characteristics of the context of the extrajudicial
execution of the victims;
270
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 251.
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