the public accusations on behalf of his family, seek legal support, and risk his life in
continuing the search for truth and justice to this day. The injuries caused by the attacks
described made it physically impossible for him to continue working. At the same time, the
persecution forced him to move repeatedly and constantly fear for his life. He had to leave
the country where he had chosen to live with his brother and go into exile in Spain, where
he was not able to put down roots, according to the facts described. He returned from exile
to Uruguay as his mother fell ill, and to this day he has not been able to pick up from where
he had started at age 20, neither in his work life nor in his social life.”
141. Following its acknowledgment of responsibility, the State did not issue any statement
specifically on this measure of reparations.
142. The Court found in its judgment that José Delfín Acosta Martínez was the victim of
arbitrary detention and as a result of it lost his life, all in a context of violence against the
Afro-descendant population in Argentina (supra paras. 31 to 40). This caused profound
suffering for both his mother, Blanca Rosa Martínez, and for his brother, Ángel Acosta
Martínez. In her testimony, Ms. Martínez stated “How is my life? Enormously sad. They took
a piece of my heart after the death of my son,” which “greatly affected my health [because
of the] great sadness I had.”167 In the same way, the psychological evaluation of Ángel
Acosta Martínez determined that “[i]n the case of Ángel, the prolonged impunity for the
death of his brother, which has been before the national justice system for 24 years now,
makes it impossible for the natural mourning process to play out. Instead, it inhibits the
possibility of registering in the psyche and rearranging resources to direct them to
something different, one's self, not linked to victimhood. The effects of the fight against
impunity manifest in feelings of impotence, frustration, and fatigue, reemerging in him with
each new legal obstacle, delay, and setback.”168
143. In view of the circumstances of the case and in consideration of the suffering caused
to the victim by his arbitrary detention and the harm to his bodily integrity, the Court deems
it pertinent to establish, in equity, the amount of US$75,000 (seventy-five thousand dollars
of the United States of America) for nonpecuniary damages to the benefit of José Delfín
Acosta Martínez. Additionally, in view of the expert opinion summarized here, as well as the
testimonies of the victims, the Court finds that Blanca Rosa Martínez and Mr. Ángel Acosta
Martínez suffered serious non-pecuniary damage. Therefore, and based on the
circumstances of the case and the violations declared, the Court finds it pertinent to
establish, in equity, the sum of US$20,000.00 (twenty thousand United States dollars) for
Blanca Rosa Martínez and the amount of US$20,000 (twenty thousand United States dollars)
for non-pecuniary damages to Ángel Acosta Martínez. The compensation to José Delfín
Acosta Martínez shall be divided equally between the mother and the brother.
G. Costs and Expenses
144. The representatives requested that, when determining costs and expenses, this
Court consider the “fees that the Acosta Martínez family owes to lawyers and experts,” as
well as “the fees and costs involved in the judicial processes in which the family of José
Delfín Acosta Martínez has participated as plaintiffs/complainants.” They additionally pointed
out that “both locally and internationally, the Acosta Martínez family was represented by
CISALP, jointly in succession with COFAVI, and then the Asociación Civil El Trapito, nonStatement made before a notary public by Blanca Rosa Martínez on February 28, 2020 (evidence file,
folio 1459).
167
Expert opinion given before a notary public by Víctor Manuel Rodríguez González on February 28, 2020
(evidence file, folio 1472)
168
39