expenses incurred because of the facts, and the consequences of a pecuniary nature that
have a causal nexus with the facts of the case.” 498
480. The information provided reveals that, owing to the detention and expulsion, the
Medina family lost a horse valued at RD$3,400 Dominican pesos, a mule valued at
RD$2,800 Dominican pesos, four cows valued at RD$5,000 Dominican pesos each, 43
hens valued at RD$200 Dominican pesos each, their house in Oviedo, which was worth
approximately RD$50,000 Dominican pesos, and two beds, one table, four chairs, valued
at RD$10,500 Dominican pesos. The Fils-Aimé family lost two beds, eight chairs, clothing,
19 pigs, one donkey, one goat, several hens, 36 turkeys valued at RD$500 Dominican
pesos each, and a lot where Jeanty Fils-Aimé planted corn, pigeon peas and yam, all with
an approximate value of RD$50,000 Dominican pesos. The Jean Mesidor family lost two
beds, one table, four chairs, a refrigerator, a stove, a gas tank, fans, a television, a radio,
clothing, and sheets for six people, and Victor Jean was unable to collect RD$1,000
Dominican pesos. Bersson Gelin lost approximately RD$3,000 Dominican pesos that were
stolen from him during the expulsion, and, owing to the detention and expulsion, he was
unable to collect three months of wages that his employer owed him, amounting to
RD$42,000 Dominican pesos. Regarding the supposed disbursements made by the Medina
family for the medical treatment of the child Awilda Ferreras Medina, the evidence
provided to the Court does not reveal a causal nexus between the problems suffered by
the child and the violations declared in this Judgment.
481. In this regard, the Court considers, based on the facts, that the victims were
summarily expelled by the State without being able to take their belongings with them or
to collect them or to dispose of them. Consequently, it can be presumed that they suffered
financial losses on being expelled and, owing to the factual situation, it is evidently
impossible for them to have probative elements to prove this. Taking into account that the
Medina, Fils-Aimé and Jean Mesidor families, and Bersson Gelin were expelled when the
Court had temporal competence, the Court establishes, in equity, the sum of US$8,000.00
(eight thousand United States dollars) for each family for pecuniary damage. The amount
corresponding to each family must be delivered, respectively, to Willian Medina Ferreras,
Janise Midi, Bersson Gelin, and Victor Jean. With regard to the request relating to the
transport and accommodation expenses for the journeys made by Antonio Sensión and
Rafaelito Pérez Charles, the Court rejects them, because it has not been proved that these
expenses are connected to the violations declared to their detriment.
482. Furthermore, with regard to the alleged loss of earnings of Antonio Sensión, Bersson
Gelin, Rafaelito Pérez Charles, Jeanty Fils-Aimé, Willian Medina Ferreras and Victor Jean on
losing their Jobs and their means of subsistence, although the representatives referred to
the different activities they carried out, they failed to submit any evidence relating to the
income that the victims received, or to possible future income, or information relating to
their wages. Consequently, the Court does not have sufficient elements to make this
determination and therefore rejects this request.
C.2. Non-pecuniary damage
483. The Court has developed the concept of non-pecuniary damage in its case law and
has established that this “may include both the suffering and afflictions caused by the
violation, and also the impairment of values that are very significant for the individual and
498
Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C
No. 91, para. 43, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous
People) v. Chile, para. 441.
149
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