248. Regarding the aforementioned measures of reparation requested, the Court considers
that the issuance of this judgment and the reparations ordered in this chapter are sufficient
and adequate to remedy the violations suffered by the victim and it does not consider it
necessary to order additional measures. In addition, it should be noted that some of the
measures requested do not have a causal link with the violations declared in this judgment,
so it does not find it necessary to order them and others have already been ordered to the
State in another case.
249. Furthermore, the representatives in their final arguments requested other measures
for the first time.197 The Court considers that said requests were submitted extemporaneously,
therefore it will not rule on the matter.
F.
Compensation
F.1. Pecuniary Damages
F.1(1). Consequential Damages
250. The representatives indicated that this relates to the expenses incurred by Mr.
Valenzuela Ávila’ next of kin to travel to visit him when he was detained, and after his death
in the search for justice. Due to the passage of time, the victim's relatives do not have proof
of the aforementioned expenses. Therefore, they asked the Court to determine, in equity, the
amount corresponding to the pecuniary damage that must be delivered to the next of kin. The
Commission requested full reparation, both pecuniary and non-pecuniary, to the next of kin
of Mr. Valenzuela Ávila. The State argued that it should not be sentenced to any type of
reparation.
F.1.2. Loss of Income
251. The representatives requested that an amount be set in fairness for loss of earnings,
and that the wages not earned by the victim be reimbursed from the moment of his detention
to date. They alleged that Mr. Valenzuela Ávila "was an auto mechanic, who had his own
workshop located in Flores Costa Cuca, Quetzaltenango." The Commission and the State
reiterated, respectively, their arguments.
F.2. Non-pecuniary Damages
252. Regarding non-pecuniary damages, the representatives in the pleadings and motions
brief asked the Court to order the State to pay said item in fair terms. However, in their final
arguments, they requested the payment of compensation and requested for Tirso Román
Valenzuela Ávila the amount of US$100,000 (one hundred thousand United States dollars), an
amount that must be delivered directly to his heirs.
253. In this case, the Court, in consideration of the special characteristics of the case and
the causal link of the declared violations, will rule only on non-pecuniary damage. This Court
has determined that this concept "can include both the suffering and afflictions caused to the
direct victim and his or her relatives, the impairment of very significant values for people, as
The measures requested were a) rehabilitation measures; b) improve training in the National Civil Police
academy, and c) create a control body to verify that trainers effectively meet specialty and experience requirements.
197
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