121. Regarding the pecuniary damage requested, in the section on the measure of
restitution requested (supra para. 103), the Court has already indicated that it did not
find it appropriate in to award the said compensation in this case.
122. Regarding the non-pecuniary damage requested, the Court notes that the victims’
civil conviction by the judgment of the Second Circuit Criminal Court of San José,
confirmed subsequently by the Supreme Court of Justice, caused them some degree of
suffering and anguish and had consequences on their personal and professional life. In
this regard, during the public hearing in this case, Mr. Moya Chacón declared that the
conviction entailed a “stain” that remained up until the present; that it was like “a wound
that has not healed,” referring to the whole process for him and his family as “one of the
most distressing times” of his life. 135 Meanwhile, Mr. Parrales Chaves indicated that both
he and his family had suffered “psychological, emotional, financial [and] work-related”
consequences because the sentence to pay 5 million colones “increased [his] anxiety as
[he was] a journalist with limited resources at that time and, as now, he did not have
the money to pay [the sum required]”; moreover, he even though that he “might be
imprisoned due to this” or lose his home or his car, which also affected his health. 136
123. In view of the above, and considering the circumstances of this case, the violations
committed, the suffering caused and experienced to different degrees, and the time that
has passed, the Court will establish, in equity, compensation for non-pecuniary damage
in favor of the victims.
124. Accordingly, the Court orders, in equity, the payment of US$20,000.00 (twenty
thousand United States dollars) in favor of Ronald Moya Chacón and US$20,000.00
(twenty thousand United States dollars) in favor of Freddy Parrales Chaves, for the
concept of non-pecuniary damage.
F. Costs and expenses
125. For costs and expenses at the domestic level, the representatives requested
US$1,920.00 (one thousand nine hundred and twenty United States dollars). For costs
at the international level, they requested US$75,000.00 (seventy-five thousand United
States dollars) plus the expenses incurred to date for international courier services of
US$2,813.00 (two thousand eight hundred and thirteen United States dollars). In their
brief with final written arguments, they asked that the Court include litigation expenses
related to attending the public hearing in this case amounting to US$3,137.75 (three
thousand one hundred and thirty-seven United States dollars and seventy-five cents),
which resulted in a total for costs and expenses at the international level of
US$80,950.75 (eighty thousand nine hundred and fifty United States dollars and
seventy-five cents).
126. The State indicated that, from an analysis based on the equity principle, the
amounts were “totally disproportionate” to the presumed harm suffered by the alleged
victims.
135
Cf. Statement made by Ronald Moya Chacón at the public hearing held on February 14, 2022, during
the Court’s 146th regular session.
136
Cf. Affidavit of Freddy Parrales Chaves dated January 27, 2022, p. 3 (evidence file, folio 1452).
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