14
49.
The Inter-American Commission considered that the deprivation of freedom,
disregarding a habeas corpus judgment that ordered the victim’s liberation, the
prison sentence, the embargo on his assets and the publicity given to the case,
affected the Mr. Cesti’s “feelings”; it also declared that this situation was aggravated
owing to the type of work that he performed, because, in insurance activities, trust is
an essential factor in the relationship between the insurer and the person insured.
Therefore, it requested a compensation, to be determined by the Court.
50.
With regard to non-pecuniary and psychological damage, Peru remarked that
this claim was not admissible, because a detention could not be described as undue
if it was executed on the basis of a warrant and, also, if the effects of the detention
on Mr. Cesti were merely due to an omission on his part, since he failed to demand
and process a request for release on bail.
51.
Based on extensive international jurisprudence, the Court considers that
obtaining a judgment that supports the victim’s claims is, in itself, a form of
reparation20. However, it also believes that it is pertinent to grant him an additional
compensation for non-pecuniary damage, taking into account the circumstances of
the instant case21. This should be determined on the basis of equity and prudent
evaluation, since it is not possible to assess it precisely22.
52.
In this respect, the Court considers it necessary to evaluate the violations
that were declared in the judgment on merits in the instant case and the
repercussions that these had on the victim and, observing the standards established
by this Court in the resolution of other cases, to determine a reasonable and
appropriate amount for non-pecuniary damage in favor of Mr. Cesti, as reparation for
the harm caused him.
53.
Based on the previous considerations, the Court believes that it is fair to
grant the victim a compensation of US$ 25,000.00 (twenty-five thousand United
States dollars) for non-pecuniary damage.
54.
With regard to Mr., Cesti’s request that this Court order the State to provide
reparations to his next of kin, this Court has already verified the existence of grave
20
Cf. Ivcher Bronstein case, supra note 1, para. 183; “The Last Temptation of Christ” case, supra
note 1, para. 99; Baena Ricardo et al. case, supra note 3, para. 206; The Constitutional Court case, supra
note 1, para. 122; Blake case. Reparations, supra note 7, para. 55; Suárez Rosero case. Reparations,
supra note 7, para. 72; Castillo Páez case. Reparations, supra note 2, para. 84; Neira Alegría et al. case.
Reparations, supra note 7, para. 56; and El Amparo case. Reparations, supra note 7, para. 62; see also
Cf. Eur Court HR, Ruiz Torrija v. Spain judgment of 9 December 1994, Series A no. 303-A, para. 33; Eur
Court HR, Boner v. the United Kingdom judgment of 28 October 1994, Series A no. 300-B, para. 46; Eur
Court HR, Kroon and Others v. the Netherlands judgment of 27 October 1994, Series A no. 297-C, para.
45; Eur Court H.R., Darby judgment of 23 October 1990, Series A no. 187, para. 40; Eur Court H.R.,
Koendjbiharie, judgment of 25 October 1990, Series A no. 185-B, para. 34; Eur Court H.R., Wassink
judgment of 27 September 1990, Series A no. 185-A, para. 41; and Eur Court H.R., McCallum judgment
of 30 August 1990, Series A no. 183, para. 37.
21
Cf. Ivcher Bronstein case, supra note 1, para. 183; Baena Ricardo et al. case, supra note 3, para.
206; and Blake case. Reparations, supra note 7, para. 55.
22
Cf. Ivcher Bronstein case, supra note 1, para. 183; Baena Ricardo et al. case, supra note 3, para.
206; and Castillo Páez case. Reparations, supra note 2, para. 84; and inter alia Cf. Eur. Court H.R.,
Kemmache v. France, judgment of 2 November 1993, Series A No. 270-B, p. 13, para. 11.