134. The representatives asked the Court to order compensatory damages for the
material harm suffered by Ángel Acosta Martínez and Blanca Rosa Martínez. They indicated
that “throughout the process to exhaust domestic remedies and pursue international
actions, the family of José Delfín Acosta Martínez incurred expenses that included travel to
and from Uruguay, starting with the trip of Blanca Rosa Martínez at the time of the death of
José Delfín Acosta Martínez, the steps taken to repatriate the remains, and the legal actions
taken in Uruguay to obtain the second autopsy, as well as repeated and countless trips
throughout the subsequent process.” They likewise indicated that "Ángel Acosta Martínez
had to stop working and go into exile as a result of the attacks and physical injuries suffered,
having to pay for not only the journey to Spain, but the return trip and the moving costs”
as well as “[t]he funeral expenses of José Delfín Acosta Martínez.”
135. Following its acknowledgment of responsibility, the State did not issue any statement
specifically on this measure of reparations.
136. In view of the circumstances of this case, the Court considers it reasonable to order
the State to pay compensation for pecuniary damages to the victims. Because the
representatives did not provide information making it possible to establish with certainty the
amount of pecuniary damages caused by the facts under examination in this case, this Court
sets, in equity, the amount of US$64,000 (sixty-four thousand dollars of the United States
of America) for the loss of income of José Delfín Acosta Martínez, to be divided equally
between his mother and his brother.
137. Likewise, taking into account the physical damages suffered, the loss of income, and
the expenses incurred from travel and securing expert opinions and pursuing legal actions,
the amount of US$15,000 (fifteen thousand dollars of the United States of America) is set
for indirect damages to the benefit of Ángel Acosta Martínez and US$10,000 (ten thousand
dollars of the United States of America) to the benefit of Blanca Rosa Martínez. Both
payments shall be made directly to the victims.
F.2. Non-pecuniary damage
138. In its case law, this Court has developed the concept of non-pecuniary damage and
has established that this may include both the suffering and affliction caused to the direct
victim and his family, and also the impairment of values of great significance for the
individual, as well as the alterations of a non-pecuniary character in the living conditions of
victims or their families.166
139. The Commission asked the Court to order comprehensive non-pecuniary damages
for the victims.
140. The representatives asked the Court to “establish compensatory reparations
commensurate with the sufferings and afflictions experienced” as a result of the fact that
“José Delfín Acosta Martínez lost his life and his family had to start down a difficult path of
loss and struggle, to which the facts described caused irreparable harm.” As for Blanca Rosa
Martínez, they indicated that she “had to fight an unequal battle from abroad, in which there
was no rest until now [because] not only did she lose her son José Delfín Acosta Martínez,
but she had to suffer the absence of her other son, Ángel Acosta Martínez, and fear for his
safety.” Lastly, regarding Ángel Acosta Martínez, they indicated that he “had to […] handle
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 84, and Case of Valle Ambrosio et al. v. Argentina, supra,
para. 77.
166
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