33
burden of proof, the State is required to prove that the victim failed to act as he could have
reasonably been expected to act.
164. In the instant case, the Court considers that it is a proven fact that Mr. Bueno-Alves
went about eleven years without psychological treatment. In this regard, the psychiatric
experts concluded that “the time elapsed without adequate treatment acted as an
aggravating and chronifying factor.”
165. The Court must analyze whether it was reasonable to expect Mr. Bueno-Alves to
seek psychological help prior to the date on which he actually did so. According to the
expert report issued by Jorge A. Caride, Mr. Bueno-Alves attending physician, in April 1999
the victim suffered a myocardial infarction and was treated at a health center’s Cardiology
Unit. In accordance with the Unit’s assessment, such infarction was caused by a “situation
of chronic stress.” Therefore, the victim was referred to the Psychiatric Unit, where he was
diagnosed with “Reactive Depression due to about ten years of Post-Traumatic Stress
Disorder without proper treatment.” The expert reported that the lack of treatment was, in
the victim’s own words, due “to his unawareness of the need to receive treatment.”
Furthermore, Mr. Caride considered that “due to [Mr.] Bueno-Alves’ preexisting personality,
featuring narcissistic and omnipotent traits, he would not have asked for help and he
expressed to believe that he could overcome the situation of stress on his own (seeking no
specialized help) without suffering significant organic consequences.”
166. The Court considers that Mr. Bueno-Alves’ preexisting psychological issues were
worsened by the torture suffered, which, in turn, was aggravated by the courts’ inaction, all
of which led the victim not to acknowledge the need to receive specialized treatment. Due
to the heart attack, the cardiologists detected the stress issue, owing to which the
psychiatrists detected his mental problems. Once Mr. Bueno-Alves became aware of these
disorders, he started and has so far undergone permanent treatment.
167. Therefore, it is the Court’s view that Mr. Bueno-Alves has acted in a reasonable
manner and, accordingly, the State’s arguments on this particular issue must be
disregarded.
iv)
Mr. Bueno-Alves’ alleged income after the facts
168. The State held that the allegation that Mr. Bueno-Alves had stopped earning any
income as a consequence of the facts has not been duly proven.
169. From the record of the case filed with the Court, it follows that Mr. Bueno-Alves tried
to continue his activities as a marble mason after the torture;88 however, whether he
actually succeeded and earned any income at all remains unknown. Furthermore, in June
1993 Mr. Bueno-Alves “worked at a mini-convenience store.” There is no record of how long
he worked there or evidence of his income earned.
170. On the other hand, consideration should be given to the fact that Mr. Bueno-Alves
has a 100 percent disability to practice his profession and a 65 percent general disability.
This means that, in principle, he could engage in a different occupation (although in a very
limited manner) that would provide him some income. However, it is worth noting that, at
88
Cf. Briefs of February 9, 2006; January 19, 1996; January 20, 1995; August 8, 1994; and July 20, 1989 to
the Inter-American Commission; answer to notice before Magistrate’s Court No. 13, of October 12, 1988 (record of
appendixes to the application, Appendix 4, Appendix 8 Volumes I and II, and Appendix 11 Volume I, folios 50, 58,
452, 973, 2783, and 2867).
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