61. With regard in particular to determination of the amounts for pecuniary reparation of
a moral prejudice, it is admitted that the determination should be done equitably taking
into account the specific circumstances of each case. As stated by the Inter-American
Court of Human Rights:
“Since it is not possible to allocate a precise monetary equivalent for non-pecuniary damage, it
can only be compensated, in order to provide comprehensive reparation to the victims, by the
payment of a sum of money or the delivery of goods or services with a monetary value, which the
Court determines by the reasonable exercise of judicial discretion and based on the principle of
equity...""4
62. In the instant case, the Court notes in particular that the lump sum amounts submitted
by the Applicants for each victim have not been formally contested by the Respondent
State. In the circumstances, the Court, on grounds of equity, and considering that the
sufferings of the victims concerned occurred
over many years (supra paras 3 to 7) does
not see any reason why the said amounts should not be awarded as they are. The Court
therefore grants the claims for reparation for moral prejudice suffered by the victims
identified in paragraph
50 above, who would
paragraph 54 above, that is:
25 million CFA
have to furnish the proof mentioned
in
F per spouse, 15 million per child, and 10
and Costs), Judgment of 16 November 2009, paras 450 and 451; see also HCHR Basic Principles and
Guidelines on the right to a remedy and reparation for victims of gross violation of international human
rights law and serious violations of international humanitarian law, Resolution 60/147 adopted by the
General Assembly on 16 December 2005, Principle 15.
24 ACHR: Case of Goiburu et al. v, Paraguay, (Merits, Reparations and Costs), Judgment of 22 September
2006 para. 156; “Since it is not possible to allocate a precise monetary equivalent for non-pecuniary
damage,
it can only be compensated,
in order to provide comprehensive reparation to the victims, by the
payment of a sum of money or the delivery of goods or services with a monetary value, which the Court
determines by the reasonable exercise of judicial discretion and based on the principle of equity". See also:
IACHR: “Enfants de /a rue” (Villagran-Morales and Others v.Guatemala, (Reparations and Costs) Judgment
of 26 May 2001
IACHR:
Cantoral-Benavides v. Peru (Reparations and Costs), Judgment of 3
December 2001, para, 53, ECHR,;
para.84;
Varnava and Others . v.. Turkey, Judgment of 18 September 2009, GC,
para. 224 : " The Court's guiding principle is equity, which above all, involves flexibility and an objective
consideration of what is just, fair and reasonable in all the circumstances of the case, including not only the
position of the applicant but the overall context in which the breach
Judgment, GC, of7 July 2011, para. 114.
ey
occurred”.
ECHR:
A/ Jedda
v. U.K,