compensation.300 It is up to the parties to clearly specify the proof of harm suffered as well as the specific connection between the pecuniary claim, the facts of the case and the violations alleged. In the present matter, the representatives only attached a copy of Ms. Atala’s last payment for the aforementioned house along with a list of the daily values of the UF from the Central Bank.301 The Court finds that this does not constitute a sufficiently detailed and clear argument for determining the relationship between the UFs, the payment of the mortgage note, the chart demonstrating lost earnings and the amount of lost future income which, based on this information, the Court was asked to order in equity. 292. Furthermore, given that there must exist a causal nexus between the facts analyzed by the Court, the violations declared previously and the alleged loss of future income (supra paras. 287 and 291), the Court reiterates that it is not its task to assess the evidence contained in the custody file in the present case as regards which of the parents of the three daughters offered a better home for them. Therefore, it is not appropriate for the Court to rule on the representatives’ argument that the loss of earnings related to the house in Villarrica would not have occurred without the arbitrary judgment of the Supreme Court of Justice. 293. A similar conclusion is reached in analyzing Ms. Atala’s transportation expenses for her visits to her daughters. Indeed, if the Court has not made a determination as to which of the parents had a right to custody, then it cannot assess the economic impact of the visiting schedule established in the domestic custody orders. 294. Finally, in relation to the costs related to medical treatment and the purchase of medicines, the Court notes that there is proof in the record regarding these expenses and their relationship to the effects that Ms. Atala’s loss of the custody of her daughters had on her302. The Court finds that this provides sufficient evidence to conclude that the violations declared in this Judgment could have had negative effects on Ms. Atala’s emotional and psychological well-being. However, the amount requested for medicine expenses incurred until 2010 ($14,378 USD) is not clearly shown in the attached certificates. On the other hand, the Court notes that Ms. Atala received medical attention for health issues even before the custody process had commenced. Thus, the Court cannot precisely determine which components of her medical treatment were exclusively related to the damage suffered because of the violations declared in this case. Regarding the payment of future expenses for medical treatment from 2012 to 2017, the Court finds that said expenses shall be covered through the implementation of the rehabilitation measure for medical and psychological care already ordered (supra paras. 254 and 255). Therefore, based on the criterion of equity, the Court sets the sum of US$ 10,000 to cover the costs already incurred for medical and psychological care. 300 Cf. Case of Aloeboetoe et al. v. Suriname. Reparations and Costs. Judgment of September 10, 1993. Series C No. 15, para. 87. 301 Cf. Copy of the value of Development Unit- statistical database (record of appendices to the Brief on Motions, Arguments, and Evidence, Volume VI, page 2925). 302 Cf. The medical certificates for psychiatric and therapeutic attention and prescription drugs attached to the brief on motions, arguments, and evidence; and the projection of future medical and pharmaceutical expenses performed by the expert, Dr. Claudia Figueroa Morales. According to this psychiatrist’s certificate, Ms. Atala was assisted on 314 occasions from June 2003 until December 2010, for a total value of $12,560,000 Chilean pesos, equivalent to approximately $25,120 USD (twenty-five thousand, one hundred and twenty US dollars). Cf. Attachments to the ESAP, Volume VI, p. 2762. According to the certificates from Dr. Figueroa Morales, Ms. Atala incurred the following expenses in medical appointments and medicines: a) From June 2003 to June 2006, $5,775,000 Chilean pesos (Attachments to the ESAP, TVI F2764), and from June 2006 until May 2008, $268,000 Chilean pesos (Attachments to the ESAP, Volume VI, p. 2763). Dr. Figueroa Morales indicated that Karen Atala “will require permanent psychiatric care until her children are independent, meaning about seven more years considering the age of the youngest daughter.” Cf. Record of appendices to the application, Volume II, p. 797. 83

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