36
182. As evidence of the expenses incurred as psychological treatment, the representative
submitted a certificate issued by Jorge A. Caride, the victim’s attending physician, wherein
he stated that “since the victim started undergoing psychiatric treatment, he has spent […]
an approximate monthly amount of US$ 100 (one hundred United States dollars), including
[professional] consultation. As [Mr.] Bueno-Alves has undergone treatment since 1999, to
date (November 15, 2005), he has spent thereon [an] approximate total amount of US$
7,000 (seven thousand United States dollars).” No invoices or receipts have been submitted
which prove Mr. Caride’s statements. Furthermore, the representative submitted a
certificate issued by said professional,90 wherein he stated that Mr. Bueno-Alves was
admitted to a psychiatric center from December 7, 2006 to January 19, 2007, which implied
expenses amounting to $150.00 (one hundred and fifty Argentinean pesos) daily. No
invoices have been submitted which prove that such amount was paid.
183. Regarding expenses incurred as medication, the representative submitted a “budget”
from a pharmacy, estimating the monthly cost of eleven different medicines which are
allegedly to be taken by Mr. Bueno-Alves, and amounting to $ 296.73 (two hundred ninetysix Argentinean pesos and seventy-three cents) monthly, as from April 1999.
Notwithstanding, neither invoices nor receipts showing the purchase of such medicines or
prescriptions ordering such medicines for Mr. Bueno-Alves were submitted. Furthermore, in
the expert opinions ordered by the President (supra para. 37), the specialists stated that at
present Mr. Bueno-Alves takes seven medicines, some of which are not the same as the
ones listed in the referred to above pharmacy “budget.”
184. Finally, regarding “comprehensive medical cover,” as part of the evidence the
representative tendered a copy of a table under the heading of “Medical Expenses,” which
included an estimate of medical expenses to be incurred by the victim throughout his life
expectancy, and amounting to $737.00 (seven hundred and thirty-seven Argentinean
pesos) monthly, as from December 1, 2005, as well as a photocopy of a payment receipt for
$212.10 (two hundred and twelve Argentinean pesos and ten cents) paid to “Solidaridad
Obra Social Bancaria Argentina,” (Banking Personnel Health Care Organization) apparently
incurred as medical cover.91 No documents showing that expenses were incurred as medical
treatment or consultation were submitted.
185. Based on the evidence submitted by the parties and the reports requested by the
President (supra para. 37), the Court finds it proven that Mr. Bueno-Alves has incurred
expenses as medical and psychological treatment, as well as medication, particularly since
from 1999. Notwithstanding, as it may be inferred from the foregoing paragraphs, no
sufficient evidence has been submitted to the Court so that it may estimate the amount of
expenses incurred by Mr. Bueno-Alves. In view of the foregoing, the Court sets in equity the
amount of US$ 30,000.00 (thirty thousand United States dollars) to be paid by the State to
Mr. Bueno-Alves as reimbursement for expenses incurred as medical and psychological
treatment.
d)
“Future consequential damages”
90
Cf. Certificate issued by Jorge A. Caride on February 20, 2007 (case file of appendixes to the closing
written arguments submitted by the representative, Volume I, folio 4705).
91
Cf. Table of “Medical Expenses” including an estimate of medical expenses to be incurred by the victim
throughout his life expectancy and payment receipt of March 5, 2007 (case file of appendixes to the closing written
arguments submitted by the representative, Volume I, folios 4708 and 4711).
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