55
218. The Inter-American Commission indicated the general criteria on reparations and
costs that it considered the Court should apply in this case and asked the Court to order the
State “to grant compensation to Jorge Castañeda Gutman for the damage arising from the
violation of his rights.”
219. The victim considered that “it was fair to quantify the pecuniary damage he had
incurred and the losses (loss of earnings) suffered, including the expenses of his prepresidential campaign, and the loss of earnings in his daily professional activities that were
interrupted by the activities related to his attempt to participate in the electoral campaign
for the presidency of Mexico […].” He added that he does not make a quantified claim, but
refers to what the Court will decide in this regard and, to that end, provided “[...]
arguments and reasons that could help the Court decide on pecuniary reparation.” His
representatives clarified that “[…] it is not the [victim’s] intention to receive pecuniary
compensation or [appear before the Court] for money; [nevertheless,] they established
some parameters to show that he had indeed suffered pecuniary damage and loss of
earnings […].”
220.
The State indicated that “since the American Convention has not been violated, […]
it is not obliged to repair the supposed losses claimed by [Mr. Castañeda Gutman]” and,
regarding the alleged damage relating to the expenses he stated he had incurred to finance
his pre-electoral campaign, it added that “this is not a loss that can be attributed to the
State, because it is not a direct consequence of an act or omission of the State, but of a
decision taken freely and spontaneously by [Mr. Castañeda Gutman].” Also, with regard to
the alleged loss of earnings, it argued that Mr. Castañeda Gutman “never mentioned what
this loss consisted of, and did not submit any evidence to prove that he ceased to receive
professional earnings or the amount in question; but even assuming that this was true, this
claim is also inadmissible.” Lastly, the State affirmed that “the Mexican Electoral Law does
not refer to the pre-electoral campaign, and particularly to its financing,” so that it is
“absurd to imagine that the Mexican State could be responsible for expenses incurred in a
process that is not regulated by the law and in which the victim took part voluntarily and
spontaneously.”
221. The Court observes that the victim based his request for compensation for pecuniary
damage on the alleged violation of the exercise of his right to be elected established in
Article 23 of the American Convention. The Court has not found that his human right has
been violated in the instant case, so that no pecuniary damage arises from it that requires
the corresponding measure of reparation.
b)
Non-pecuniary damage
222. The Inter-American Commission indicated the general criteria related to reparations
and costs that the Court should apply in this case and asked the Court to order the State “to
grant compensation to Jorge Castañeda Gutman for the damage arising from the violation of
his rights.”
causal link to the facts of the case.” Cf. Case of Gómez Palomino v. Peru. Merits, reparations, and costs. Judgment
of November 22, 2005. Series C No. 136, para. 124; Case of García Asto and Ramírez Rojas. Preliminary
objections, merits, reparations, and costs. Judgment of November 25, 2005. Series C No. 137, para. 259; and
Blanco Romero et al. v. Venezuela. Merits, reparations, and costs. Judgment of November 28, 2005. Series C No.
138, para. 78.
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