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.