62
232. The representative requested the amount of US$ 5,000.00 (five thousand
United States dollars) as consequential damages “to cover the medical expenses
incurred by Juan Carlos Apitz, Perkins Rocha, and Ana María Ruggeri in order to
overcome the psychological distress resulting from their removal from office and the
public aggression shown against them by the President of the Republic.” As for loss
of profits, the representative alleged that the victims, at the moment they were
removed from office earned Bs. 3,500,000.00 (three million five hundred thousand
bolivars) per month and were entitled to sixteen salaries per year.” The representative
argued that “taking into consideration the raises applied to the salary of judges having
the same rank from March 2004 to February 28, 2007,” each alleged victim has been
prevented from earning the amount of US$ 194,761.33 (one hundred ninety-four
thousand, seven hundred sixty-one United States dollars and thirty-three cents) or its
equivalent amount in national currency.”
233. The State argued that “it had not been proven” that the “fact of their removal
from office had caus[ed] emotional distress both to the victims and to their next of
kin (their wives and children), and even less, that it would require psychiatric
treatment in the future,” as “it would suffice to examine the pertinent medical
reports to note […] that such claim was not properly validated and neither was the
fact that such circumstance would continue.” Furthermore, the State pointed out that
“taking into consideration the compensatory amount, the request was not sufficiently
substantiated with conclusive evidence that legally supports the truthfulness of what
has been claimed,” as “in the case of temporary former judges, the salaries of the
judges who currently hold office as judges of the First Court […] according to law
may not be se[t] in United States dollars, and furthermore, they largely excee[d]
their equivalent amount in the Venezuelan currency.”
234. As for the expenses incurred in connection with the medical treatment
undergone by the victims, the representative merely submitted a psychological
report related to some visits of Mr. Apitz to a psychologist. No other evidence was
submitted regarding the treatment undergone, its cost, or duration. Besides, no
other evidence was submitted on the medical or psychological treatment received by
Mr. Rocha and Ms. Ruggeri.
235. Regarding the back payment of lost salaries and related benefits, the
representative filed the affidavit rendered by Ms. Ruggeri, who provided information
about her salary at the time she was removed from office and the amount she should
receive taking into account the salary increases applied thereto.248 Notwithstanding,
no other evidentiary document was submitted to support the foregoing affidavit, as,
for instance, her salary record, her tax return or any other item that might be
assessed by the Court.249 Nor did the representative file any documentary evidence
to support the criteria to be adopted in calculating the amount of the victims’
unearned salaries.
236. However, the Court cannot neglect the fact that the victims did suffer some
sort of pecuniary damages as a result of the infringement of their rights, as stated in
this Judgment. Therefore, the Court sets in equity compensation for pecuniary
damages in the amount of US$ 48,000.00 (forty-eight thousand United States
dollars) or its equivalent amount in the Venezuelan currency for each victim. The
248
249
Cf. affidavit of Mrs. Ruggeri, supra note 33, p. 746.
Cf. Case of Bueno Alves v. Argentina. Merits, Reparations and Costs. Judgment of May 11, 2007.
Series C No. 164, para. 147.
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