11
VIII
REPARATIONS
A) PECUNIARY DAMAGE
42.
At the time of his detention, Mr. Cesti indicated that he was the legal
representative and general manager of the family company, “Top Security”, which
was well known in Peru; the shareholders were his wife, his daughter and his father.
He indicated that this company was fourth among more than 300 similar companies
in the ranking drawn up by the Superintendency of Banks and Insurance and first in
tax payments. He stated that, during the three years prior to his detention, the
company had billed, on average, more than US$ 2,000,000.00 (two million United
States dollars) a year. Lastly, he declared that, when he was detained, the
Superintendency of Banks and Insurance decided that, as he was imprisoned, he
could no longer fulfill his functions as legal representative of the company, an
essential requirements for its operation and, therefore, the company’s operations
had to be suspended, a situation which continued until the date of the brief on
reparations.
43.
Based on the foregoing, Mr. Cesti requested the Court to order the following
compensation for pecuniary damage:
a)
US$ 6,000,000.00 (six million United States dollars) for the loss of
earnings caused directly by the termination of the company’s activities;
b)
US$ 106,405.63 (one hundred and six thousand four hundred and five
United States dollars and sixty-three cents) for the total expenses of security
systems and personnel employed to provide surveillance services for the
movements of the Cesti family, their homes and the company, Top Security,
owing to the constant threats, thefts to remove information from the offices,
the placing of a listening device in the office of Carmen Cardó de Cesti and
threats with military weapons from moving vehicles;
c)
US$ 15,690.69 (fifteen thousand six hundred and ninety United States
dollars and sixty-nine cents) spent on announcements in the national and
foreign press in order to try and lessen the damage to Mr. Cesti;
d)
US$ 4,000,000.00 (four million United States dollars) for
consequential damage in order to return the company, Top Security, to its
former position of prestige and confidence;
e)
US$ 43,907.21 (forty-three thousand nine hundred and seven United
States dollars and twenty-one cents) for consequential damage, as a result of
the interruption of an insurance program of the company, Top Security,
known as “Mi Seguro” (My Insurance), which had to be suspended due to the
problems that arose;
f)
US$ 1,070,000.00 (one million seventy thousand United States
dollars) for the total financial damage caused by the embargo decreed on his
assets (property and savings), which his wife co-owned.
This amount
includes US$ 360,000.00 (three hundred and sixty thousand United States
dollars) for the embargo of US$ 400,000.00 (four hundred thousand United