54 the date and duration of his stay abroad. The Tribunal notes that the trip to Canada might have been made for family reasons, among others.153 185. As regards the health problems suffered by the victim’s father, which would have been caused by the facts of the instant case, the Court has no elements, apart from what has been alleged, evidencing the existence of such situation or its causal link with the facts of the instant case. Finally, regarding the disqualification from being nominated as Supreme Court Justice due to the criminal conviction, it cannot be concluded that such a situation is encompassed by the concept of lost earnings, for it was an expectation Mr. Tristán Donoso could legitimately have but the loss of which did not result in actual damage to his property as a consequence of the violation declared herein. On the contrary, the Court notes that the facts of the instant case did not prevent him from finding a position within the State administration, as the victim informed during the public hearing.154 In view of the foregoing, this Tribunal shall not set any compensation for pecuniary damages. ii) Non-pecuniary damages 186. The Court has developed in its case law the notion of non-pecuniary damages and the cases in which compensation must be set on such account.155 187. The Inter-American Commission developed the general standards on reparations and pointed out that Mr. Tristán Donoso “has been a victim of psychological pain, distress, uncertainty and change of lifestyle as a result of his being been subjected to an unjust criminal proceeding; the subsequent criminal conviction for having exercised his right to freedom of expression; and the personal and professional consequences of such conviction.” 188. The representatives pointed out that, in the instant case, the non-pecuniary damages is evident, since apart from the suffering and distress undergone by Mr. Tristán Donoso for having been involved in a criminal proceeding, his case was given wide coverage, which deteriorated his reputation and significantly undermined his emotional health. Furthermore, his forced emigration to Canada affected his way of life and state of mind, and the claim by the former Attorney General to collect a large sum of money in the action for defamation was a permanent source of concern for him. Finally, the victim was very much disappointed by the failure to adequately investigate the wiretapping, recording and disclosure of his conversation, since “even though there was sufficient evidence [to prove] the involvement of the former Attorney General […], at least in the disclosure of the conversation, he had to put up with the indulgent attitude of the Courts of law and the resulting impunity in relation to his case.” So, the representatives request that the victim be compensated for non-pecuniary damages and that the Court set such reparation in the amount of 153 Cf. Testimony rendered by Ms. Aimée Urrutia-Delgado before a public official whose acts command full faith and credit, supra note 16, folio 522. 154 Cf. Statement by Mr. Tristán-Donoso during the public hearing held August 12, 2008 before the Inter-American Commission on Human Rights, supra note 21, and testimony rendered by Ms. Aimée Urrutia-Delgado before a public official whose acts command full faith and credit, supra note 16, folio 523. 155 This Tribunal has established that non-pecuniary damage “can include the suffering and hardship caused to the direct victim and his next of kin, and the impairment of values that are highly significant to them, and also alterations, of a non pecuniary nature, in the living conditions of the victim or his family.” 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; Case of Ticona-Estrada et al., supra note 6, para. 126, and Case of Valle-Jaramillo et al., supra note 6, para. 219.

Select target paragraph3