35
give up the contract she had with the Ministry of Foreign Affairs, and another that
she was about to conclude with the same Ministry, in order to devote herself to the
victim’s defense. The Court finds that there is no proof to support either of these
claims or their causal nexus to the wrongful acts perpetrated against the victim in
the instant case.
132. The Court finds that the “lost income” and visits of Ms. Carolina LoayzaTamayo to the prison were representation-related expenses and will, therefore,
examine their relevance when it deals with costs and expenses (infra 172).
133. Accordingly, the Court has decided to award US$49,190.30 (forty-nine
thousand one hundred ninety United States dollars and thirty cents) to Ms. María
Elena Loayza-Tamayo as compensation for material damages, and US$5,000.00 (five
thousand United States dollars) to each of her children for medical expenses.
XI
MORAL DAMAGES
134. In her reparations brief, the victim argued that moral damages were incurred
by reason of her deprivation of freedom under subhuman conditions; separation
from her children, parents and siblings; the inhumane, humiliating and degrading
treatment she suffered during her detention and isolation, and when she was
exhibited to the press as a "terrorist criminal." The victim maintained that the pain
inflicted during the period of her incarceration endures in the form of the
psychological consequences. She added that her children and other next of kin were
directly affected by the abuse she suffered and were socially stigmatized. She added
that her sister, Carolina Loayza-Tamayo, suffered this injury directly as she became
the target of the State’s intimidation tactics and false accusations and was included
on a list of attorneys under investigation.
135. The victim therefore requested that the Court order the State to pay the
following compensation for moral damages: US$50,000.00 (fifty thousand United
States dollars) to her; US$20,000.00 (twenty thousand United States dollars) to her
parents; US$15,000.00 (fifteen thousand United States dollars) to each of her
children, and a lump sum of US$35,000.00 (thirty-five thousand United States
dollars) for her siblings.
136. For its part, the Commission petitioned the Court to instruct Peru to pay fair
compensation to the victim and to her next of kin, based on the amount indicated by
the victim in her reparations brief.
137. The State maintained that to substantiate her claims for moral damages, the
victim had used the same arguments she used to substantiate her claims for other
heads of damages. It argued that in the proceedings into the merits, it was never
proven that the victim had in fact been raped during her incarceration, or that she
had been coerced into making self-incriminating statements, or that Peru had
violated articles 8(2)(g) and 8(3) of the Convention. The State further maintained
that in its Judgment on the merits, the Court had refrained from any pronouncement
concerning the lack of independence and impartiality of the military courts. For
these reasons, the State argued, the "alleged ‘moral damages’ being sought […] do
not fit the facts"; and it maintained that this was even truer in the case of the
damages being claimed for the victim’s next of kin.
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