99 consistent with the number of stable and permanent members of the Community, in favor of such Community, within their lands delimited in the Paraguayan Chaco, where the Enxet-Lengua people has traditionally been settled, always to the extent permitted by domestic legislation and without affecting any third party who accredits to hold ownership title and a rational exploitation, either by acquisition, upon agreement with the owners of those lands, or by condemnation pursuant to the laws of the Republic.” 214. In this regard, it must be taken into account that, pursuant to paragraphs 135 to 141 of the instant Judgment, the fact that the Community’s traditional lands is currently privately held or reasonably exploited, is not in itself an “objective and sufficient ground” barring restitution thereof. 215. The State shall, within three years as from notice of the instant Judgment, formally and physically grant tenure the lands to the victims, irrespective of whether they be acquired by purchase or by condemnation, or whether alternative lands are selected. The State shall guarantee all the necessary funds for the purpose. C) PECUNIARY DAMAGE 216. The Court has repeatedly sustained in its precedents that pecuniary damage involves a loss of, or detriment to, the income of the victims, the expenses incurred as a result of the events and the pecuniary consequences that may have a causeeffect link with the events in the instant case.235 217. The representatives requested the Court to take into account that during domestic claims for restitution of their lands the members of the Community and its leaders had to make significant efforts before government authorities, which allegedly forced the leaders of the Community to travel to other cities. According to the representatives, the members of the Community “had to resort to national and international non-governmental organizations and to contact well-known domestic and foreign personalities, with the purpose of reporting the facts.” 218. Based on the above and on equitable grounds, the Court fixes compensation for pecuniary damage in the amount of US$ 5,000.00 (five thousand United States Dollars) to be delivered to the leaders of the Community, as set forth in paragraph 207 herein. D) NON-PECUNIARY DAMAGE 219. Non-pecuniary damage may include distress and suffering caused directly to the victims or their relatives, tampering with individual core values, and changes of a non pecuniary nature in the living conditions of the victims or their families. As it is impossible to assess the value of the non-pecuniary damage sustained in a precise equivalent in money, for the purposes of full reparation to the victims, said damage may only be compensated in one of two ways. Firstly, compensation may be made effective by paying an amount of money or delivering property or services whose value may be established in money, as reasonably determined at the Court's 235 Cf. Case of Acevedo-Jaramillo et al., supra note 3, para. 301; Case of López-Álvarez, supra note 3, para. 192, and Case of Blanco-Romero et al. Judgment of November 28, 2005. Series C No. 138, para. 78.

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