110
235. Reparations, as the word indicates, consist of measures tending to eliminate
the effects of the violations committed. Their nature and amount depend on the
characteristics of the violation and on both the pecuniary and non pecuniary damage
caused. Reparations shall not result in the victims or their successors becoming
richer or poorer. In this regard, the reparations ordered should be proportionate to
the violations declared in the preceding chapters of this Judgment.228
A) BENEFICIARIES
236. The Court has found that the facts of the instant case amount to the violation
of Articles 7, 8(1), 8(2), 8.(2)(b), 8(2)(c), 8(2)(d), 8(2)(f), 8(2)(g), 8(5), 13 and 25
of the Convention, all of them in conjunction with Articles 2 and 1(1) thereof, and
Article 21 of the Convention, in relation to Article 1(1) thereof, to the detriment of
Mr. Humberto Antonio Palamara-Iribarne who, as the victim of said violations, is
entitled to such reparations as the Court may order.
237. Furthermore, in deciding the reparations to be awarded to the victim, the Court
will take due account of the fact that Mrs. Anne Ellen Stewart-Orlandini, the victim’s
wife, made monetary contributions in order to get the book “Ética y Servicios de
Inteligencia” (“Ethics and Intelligence Services”) published, secured its national and
international copyright registration, and incurred other expenses as a result of her
husband being prosecuted in military criminal proceedings (supra paras. 63(3),
63(5), 63(105) and 63(108). Said monetary contributions and the efforts made in
connection with the book were carried out through Mrs. Stewart-Orlandini’s business,
which operated as a book distribution firm (supra para. 63(3)). Accordingly, it is the
Court’s view that, given the close connection of Mrs. Stewart-Orlandini, in her
capacity as the spouse of Mr. Palamara-Iribarne, and the fact that she made
expenditures to facilitate the publication of the book and to move out of their
residence, Mrs. Stewart-Ortolani must be considered a beneficiary for the purposes
of distribution (infra paras. 242 and 243).
B) PECUNIARY DAMAGE
238. Under this heading, the Court will assess the amount due as pecuniary
damage, for which purpose it shall set a compensatory sum aimed at providing
compensation for the monies and personal effects lost as a result of the violations
declared to have been committed in this Judgment,229 taking due account of the
circumstances of the instant case, the evidence offered, the Court’s case-law, and
the relevant arguments submitted by the Commission, the representatives and the
State.
239. In the Court’s view, it has been adequately proven that Mr. Palamara-Iribarne
228
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 245; Case of Raxcacó-Reyes, supra note
1, para. 116, and Case of Gutiérrez-Soler, supra note 1, para. 64.
229
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 265; Case of Acosta-Calderón, supra note
207, para. 157; and Case of YATAMA, supra note 5, para. 242.
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