88
compensation for pecuniary damage should include both indirect damage,
namely, the patrimonial damage suffered by Ricardo Canese as a result of
having been subjected to the legal proceeding, and loss of earnings in relation
to the earnings that the alleged victim failed to receive owing to the violation
of his rights. When determining the compensation for pecuniary damage, it
should be taken into account that Ricardo Canese was obliged to undertake a
long and arduous litigation before the national courts to obtain the review of
his sentence and of the decision that made it impossible for him to leave the
country, and that he was released by the newspaper “Noticias” and by
Channel 13, where he had worked as a columnist. Also, during this period,
several companies desisted from employing him;
g)
To establish an amount in fairness for the moral damage, bearing in
mind that the alleged victim has been obliged to endure the frustrations
arising from being subjected to criminal proceedings and prevented from
carrying out his regular professional activities, which was determinant in the
“continuation of his political activities.” Moreover, the inflexible measures
restricting Mr. Canese’s freedom of movement, applied over a period that
greatly exceeded reasonable limits, prevented him from “cultivating [...]
connections abroad;” and
h)
To order the State to reimburse expenses and costs as follows:
i.
for the domestic litigation, the total costs assumed by the
lawyers159 and by Mr. Canese160 was US$16,520 (sixteen thousand five
hundred and twenty United States dollars); and
ii.
the amount due to CEJIL for the litigation before the InterAmerican System is US$10,163.02 (ten thousand one hundred and
sixty-three United States dollars and two cents).161
159
The representatives of the alleged victim indicated that: the legal fees for their work during ten
years was estimated to be US$5,000.00 (five thousand United States dollars) for each lawyer, for a total
of US$10,000.00 (ten thousand United States dollars); it was estimated that the expenses assumed by
the lawyers for rent, electricity, telephone and water corresponded to 10% of fixed monthly expenditure,
calculated over 120 months, which was the period during which the lawyers provided their services, which
implies a total of US$2,400.00 (two thousand four hundred United States dollars); it is estimated that the
expenditure assumed by the lawyers for stationery, materials, “use of computers and other office
equipment” corresponded to 10% of fixed monthly expenses –calculated to be US$10 (ten United States
dollars) a month– during 120 months, which implies a total of US$120.00 (one hundred and twenty United
States dollars); and it is estimated that the travel expenses assumed by the lawyers corresponded to 10%
of fixed monthly expenses –calculated on the basis of US$100.00 (one hundred United States dollars) a
month for each lawyer– during 120 months, which implies a total of US$1,200.00 (one thousand two
hundred United States) for each lawyer, for a total of US$2,400.00 (two thousand four hundred United
States dollars).
160
Regarding the expenditure assumed by Mr. Canese, the representatives indicated that he should
be reimbursed: US$100.00 (one hundred United States dollars) for 10,000 copies made during ten years;
and US$1,500.00 (one thousand five hundred United States dollars) for expenses incurred owing to his
trip to Washington D.C. in October 2000 to submit his case to the Commission.
161
Regarding reimbursement of the expenditure assumed by CEJIL to litigate the case before the
Commission, the representatives indicated that they should receive a total of US$7,203.11 (seven
thousand two hundred and three United States dollars and eleven cents) for the following items: meetings
in Asunción, Paraguay, on December 13 and 15, 1999, which signified an expenditure of US$741.35
(seven hundred and forty-one United States dollars and thirty-five cents); hearings before the
Commission in Washington, USA, from March 1 to 4, 2001, which signified an expenditure of US$890.00
(eight hundred and ninety United States dollars); hearings before the Commission in Washington, USA,
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