38
teeth must be repaired with a prosthesis with implants […].” They also indicated that “[i]n
the Argentine Republic, this treatment costs US$18,000.00 [eighteen thousand United
States dollars]. In addition, the representatives indicated that Mr. Bayarri “[m]ust continue
with his psychological therapy to try to come to terms with almost 13 years deprived of his
liberty.” In this regard, they requested the sum of US$15,000.00 [fifteen thousand United
States dollars]. Regarding, the hearing disability that the victim suffers, the representatives
indicated that it should be “considered that the situation of Juan Carlos Bayarri’s hearing is
[…] critical, with a hearing loss of 40% in his right ear and approximately 20% in his left
ear; this means that he requires another operation and/or to use a hearing aid in future and
for the rest of his life in order to overcome the serious problem he suffers as a result of the
torture to which he was subjected […].” The representatives calculated a future expense for
corrective ear surgery of US$35,000.00 [thirty-five thousand United States dollars] and of
US$30,000.00 [thirty thousand United States dollars] should he have to acquire hearing
aids, one for each ear, over the next 20 years of his possible life expectancy. In total, the
representatives requested a sum of US$65,000.00 (sixty-five thousand United States
dollars) for future medical expenses.
135. In this regard, the State argued that the victim had not attached “a series of
certificates […] relating to the alleged hearing loss that Juan Carlos Bayarri suffered in about
1995, an operation in 1996, and successive hearing tests.” It added that “[t]hese claims do
not contain any reference to the causes of the alleged loss of hearing from which [the
victim] says he suffers.” Lastly, the State indicated that the victim did not attach “the
budgets or projections of expenses verifying the amounts that he would be need in the
future.” The State asked the Court to reject these items as unfounded.
136. In their pleadings and motions brief, as well as during the public hearing, the
representatives asked for compensation for ear and teeth injuries, psychological harm and
for the injuries to the victim’s feet. The Court observes that the purpose of the expert
medical and psychological appraisals carried out in this case was to determine the physical
and psychological consequences for the victim of the alleged unlawful and arbitrary
deprivation of liberty and torture,128 as well as the degree of damage and consequences that
could be attributed to the reported facts, and the possible impact and consequences of
these facts.129 In this regard, the Court finds it pertinent to analyze, first, the existence of
the damage alleged by the representatives and its relationship to the facts of this case, in
order to then determine the compensation that it may consider pertinent.
137. Regarding the physical injuries, in his expert appraisal, Dr. Luis Eduardo Garré
referred to an injury to Mr. Bayarri’s eardrum when he entered the Federal Penitentiary
Service which, was only operated on four years later. The expert witness indicated that the
time taken to resolve the problem gave rise to a “[p]ermanent aggravated lesion, […]
produced or facilitated during his detention.” The expert witness stated that Mr. Bayarri’s
current hearing disability corresponds to a 40% loss of hearing in the right ear. Dr. Juan
Carlos Ziella, whose expertise was offered by the State, reached similar conclusions about
the loss of hearing, indicating that the victim had “work-related perceptive hypooacusia,
with a hearing loss of 7.7% in the left ear and 36.7% in the right ear.” Furthermore, the
medical expert witnesses concluded that the victim suffered from a degenerative and
inflammatory type of injury to both feet that caused him intense pain.130 During the public
128
Order of the President of the Court of March 14, 2008, supra note 1, fifth operative paragraph.
129
Cf. note of the Secretariat of the Inter-American Court REF.: CDH-11.280/078 of April 18, 2008 (merits
file, tome V, folio 972).
130
In his expert appraisal, Dr. Luis Eduardo Garré indicated that Mr. Bayarri suffers from “hallux rigidus”; this
is a deformation and an inflammation of the metatarsal phalangeal articulation that is extremely painful and that