14.
The Commission held that “in order to facilitate compliance with this measure of
satisfaction, it is pertinent for the Court to clarify that it is the victim, Linda Loaiza López Soto,
and not to the State, who shall decide on the university where she will study, whether local or
foreign.”
15.
The State pointed out that “the purpose of the measure of satisfaction ordered by the
Court is to compensate for the alterations in Ms. Lopez Soto’s original plans of education upon
her arrival to Caracas and to guarantee the completion of her studies and professional training”;
consequently, “the university where she will be granted a scholarship shall be agreed upon
between the State and the victim, considering that the judgment seeks the correct education of
Ms. Lopez Soto and not to encourage a situation other than the final purpose of the reparation
measure ordered, such as a change in residence outside the territory of […] Venezuela.” It assured
that “currently there are several universities in Venezuela that Ms. López Soto could attend to
pursue her studies, both undergraduate and graduate, in the course of study or specialization of
her choice, if and when she completes the selection and admission process.”
A.2 Considerations of the Court
16.
In its judgment, the Court established that:
308. The Court has established in this judgment that the facts of the case harmed Linda Loaiza López Soto and
her family, and caused significant changes in their lives and in their relationships, thus affecting their personal
development […]. Expert witness Ramírez Velasco indicated that “in discussions with the family, the difficulty
they have had to pursue their academic studies due to the lack of financial resources due to the loss of the
family’s assets is mentioned repeatedly.” She also indicated that “[a]ccording to them, the prolonged court
proceedings and the results have affected them in the work environment, as well as in the choice of their
professional careers, which had to differ from their original choices.” […]
309. In particular, the Court stresses that the facts occurred when Linda Loaiza and her sister Ana Secilia were
beginning their university studies, and they were obliged to change the study program[s] that had originally
brought them to Caracas. According to Ramírez Velasco’s expert opinion, Linda Loaiza finally decided to study
law, but her possibility of exercising this profession had been “curtailed” owing to the exposure she had had in
her country as a result of her search to obtain justice. […]
310. Based on the above, as it has in other cases, the Court finds it appropriate to order, as a measure of
satisfaction in this case, that the State grant Linda Loaiza a scholarship so that she is able to conclude her
professional training in the local or foreign university to which she is admitted. The State must cover the academic
and maintenance costs previously, in keeping with the cost of living of the country in which Linda Loaiza will
pursue her studies, so that the victim does not have to disburse the corresponding amounts for these items and
then be reimbursed.
17.
Regarding the request made by the representatives, the Court considers it important to
clarify the meaning of the reparation measure ordered in operative paragraph 15 of the judgment.
In paragraph 310 of the judgment, the State was ordered to “grant Linda Loaiza a scholarship so
that she is able to conclude her professional training in the local or foreign university to which
she is admitted.” The Court establishes that, following the purpose for which this reparation
measure was ordered, Linda Loaiza López Soto must be the one to choose the university where
she will conclude her professional education, whether at a local or a foreign university. Therefore,
once the victim has made her decision, she must advise the State concerning the university which
she has chosen so that the State can “cover the academic and maintenance costs […], in keeping
with the cost of living of the country in which [she] will pursue her studies.” Consequently, the
Court clarifies that it is Linda Loaiza López Soto who shall make the decision regarding the
university where she will pursue her professional education.
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