stated that she was not requesting any compensation for herself and, in that sense, she did not
establish any amount for pecuniary or non-pecuniary reparation. On the other hand, the State
rejected all the claims made regarding the satisfaction measures and stated that Brisa, her parents,
and lawyers did not demonstrate the existence of any persecution against the potential beneficiaries
of the measures for their participation in the case, and if so, they did not go to the competent
authorities. They added that the proposed beneficiaries and even Brisa, have been carrying out their
work at the Una Brisa de Esperanza Center. It indicated that since the alleged violations did not exist,
it would not be their responsibility to make the requested publications or hold the press conference.
It pointed out that through its departments the State already supports the National Day of Solidarity
with Victims of Sexual Assaults and against Sexual Violence against Children and Adolescents. Finally,
it pointed out that, for several years, it has been generating legislation, public policies, and
institutional actions to fight sexual violence.
223. Regarding the guarantees of non-repetition requested, the State expressed its rejection of the
requests made. It indicated that, progressively, it has been implementing public policies and
legislative, institutional, and administrative measures to fight sexual violence and promote the rights
of children, adolescents and women. Regarding legislative reforms, it pointed out that the state
obligation to adopt its internal regulations must be framed in International Human Rights Law, not
personal requirements. In this regard, it warned that it was not identified or proved that the current
criminal legislation is contrary to the international treaties signed by Bolivia. Finally, it recalled that
Bolivia has already modified its criminal legislation, while increasing the penalties for those crimes
where the victims are children and adolescents.
224. The Court has ordered rehabilitation measures when it determines that the events analyzed
have affected the personal integrity of the victims, as is the situation in this case (supra para. 171).
Additionally, this Court has developed in its case law the concept of pecuniary damage and has
established that this involves the loss or detriment of the victims' income, the expenses incurred as
a result of the events and the pecuniary consequences that have a causal link with the facts of the
case.332 The Court has also established in its case law that non-pecuniary damage “can include both
the suffering and afflictions caused by the violation and the impairment of very significant values for
people and any alteration, of a non-pecuniary nature, in the victim’s living conditions.”333
225. In this case, it is evident that Brisa has experienced profound suffering and anguish to the
detriment of her mental and moral integrity due to the serious violations committed by the State
(supra paras. 110 to 124 and 164 to 171). In particular, given the flagrant revictimization suffered
during the domestic investigation and criminal process and caused by Bolivia during the public
hearing before the Court, causing suffering in addition to the sexual and psychological violence of
which she was a victim. Furthermore, the Court observes that the body of evidence in the file 334
allows us to verify that the suffering caused and experienced by the denial of justice, personal
prejudices, the repeated use of gender stereotypes, and in general, the lack of a gender and
childhood perspective during the investigation and criminal proceedings, caused a significant impact
on Brisa's life. Namely, the victim indicated during the public hearing of the case that,
[t]wenty years later, I still have night terrors, and post-traumatic stress syndrome, and it has more to do
with what the prosecutors, coroners and judges did […]. It has been twenty years, and they still have not
brought the perpetrator to justice, I am still waiting, there were three, and now I am waiting for the fourth
trial, and I can tell you that not a single person in the judicial system treated me with care, with respect,
332
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No.
91, para. 43, and Case of Aroca Palma et al. v. Ecuador, supra, para. 144.
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 Aroca Palma et al. v. Ecuador, supra, para. 144.
333
Cf. Statement of Brisa De Angulo Losada during the public hearing, supra; Letter from Brisa De Angulo Losada of
December 2011 (evidence file, folios 7243 to 7245); Statement of Luz Stella Losada during the public hearing, supra;
Statement of José Miguel De Angulo, supra (evidence file, folios 11435 to 11439); Statement of María Leonor Oviedo Bellott,
supra (evidence file, folios 11454 to 11457), and Expert opinion of Sylvia Mesa Peluffo given during the public hearing, supra.
334
68