66 270. This brings the total request to USD 310,507.90 for each applicant under the heading of comprehensive redress. They also asked this Court to “consider the possibility of including an additional amount to the request in the form of interest, and/or any other items: lost earnings, pecuniary damage, consequential damages and pain and suffering.” 271. Representatives Vega and Sommer agreed with representatives De Vita and Cueto. They further noted that the direct pecuniary damage was a result of the violations identified by the Commission, and that the pain and suffering should be quantified on the basis of 30% of the pecuniary damage. They particularly asked the Court to order redress for the damage experienced by the victims for the seven years of “unlawful pretrial detention” and for the injurious effects and consequences of this detention, which the Commission had declared illegal. They pointed specifically to the impact of the sentences of disqualification, arguing that the consequences had been an inability to freely practice their profession or a block on conducting business or taking credit, among other problems. 272. They requested the following individual amounts in redress: (a) for Mr. Galuzzi, USD 270,000.00 in pecuniary and nonpecuniary damage; (b) for Mr. Maluf, USD 290,000.00 for lost income, the block on practicing his profession and the resulting inability to continue paying the mortgage on his home, as well as USD 775,000.00 in lost earnings and loss of potential job prospects; for Mr. Pérez, USD 576,000.00 for pecuniary damage and lost earnings, USD 42,000.00 for his family’s travel and lodging expenses to the pretrial detention center, and USD 75,000.00 for pain and suffering due to the breakup of the family group, and for Mr. Óbolo, USD 647,500.00 for his family’s pain and suffering, lost earnings and loss of potential job prospects. 273. The Inter-American Defenders said that the applicants’ pretrial detention and resulting 50% loss of wages during that time, along with the sentences of full and permanent disqualification and being stripped of their military rank, resulted in loss of the right to buy, sell or dispose freely of their assets or qualify for credit, the inability take part in civic life because they could not vote or be elected, and loss of public employment, social benefits and in some cases, loss of the homes where they lived as members of the Air Force. They claimed that this situation had a negative impact on the applicants and their families, “because the detrimental consequences, including economic and commercial, labor and civic, and in terms of honor and dignity, undeniably affected the whole family.” 274. The Inter-American Defenders further held that the alleged violations had produced nonpecuniary damage, and the requested redress “is a response to the emotional suffering experienced by [their] clients and their families, expressed as the distress, uncertainty, hopes and despairs that a judicial proceeding lasting nearly eighteen years must needs produce, for the pain or affliction caused by the loss of freedom while in pretrial detention for twice as long as the eventual sentence and ‘civic death,’ lasting up to the present, as well as damage to the social life and relationships [of the applicants and their families in their environment].” 275. They therefore asked the Court to order compensation in equity and as redress as follows: (a) consequential damages, including expenditures and outlays incurred because of the inappropriate incarceration, court costs for domestic judicial processes and the procedure before the Inter-American Commission and income withheld during the time they were in detention; (b) pecuniary damage for lost income and lost wages subsequent to the final conviction handed down by the Supreme Court in 1995; (c) nonpecuniary damage and (d) impairment of their life plans. 276. Altogether they estimated compensation under these headings, for each applicant, in the amounts of: for Mr. Giordano, USD 1,124,185.74; for Mr. Tomasek, USD 1,125,228.12;

Seleccionar párrafo de destino3