38
193. In some cases93 the Court has deemed it necessary to grant compensation for the
expenses incurred by the victims or their next of kin as a consequence of the alleged
violations, inasmuch as such expenses have a direct bearing on said violations and have not
been incurred in order to have access to justice, as the latter expenses are considered to be
included in the item “reimbursement of costs and expenses” rather than “compensation.”
194. In the instant case, the Court considers that all the expenses alleged by the
representative have been incurred in order to have access to justice, whereby it will analyze
them in paragraph D) of this Judgment rather than in this paragraph, which deals with
compensation for pecuniary damages. The Court notes that the representative requested an
amount which exceeds four million US dollars as “defense and transfer expenses,” and an
equal sum for “costs and expenses” (infra para. 217). In this regard, the State is right when
it points out that “the amount of expenses considered under the same item has been
duplicated,” whereby the Court will not analyze separately the different allegations made
regarding the same issue.
*
*
*
195. In view of the foregoing, the Court sets in equity the following amounts as
compensation for pecuniary damages in favor of Mr. Bueno-Alves.
Amount
US$ 148,000.00
US$ 30,000.00
US$ 45,000.00
US$ 223,000.00
Item
Loss of earnings
Medical expenses incurred
Future medical expenses
Total:
196. The State shall pay compensation for pecuniary damages within one year as from
notice of this Judgment.
197. As to the victim’s next of kin, the Court has found no evidence which shows that they
have suffered pecuniary damages. Therefore, it will refrain from granting them
compensation therefor.
*
*
*
198. The Court must now rule on the reparations due as non-pecuniary damages, in
accordance with the Court’s prior cases.94
199. The Commission argued that Mr. Bueno-Alves suffered and is still suffering physical
and psychological consequences as a result of torture, which affected the living conditions of
93
Cf. Case of the Miguel Castro-Castro Prison, supra note 14, para. 427; Case of Yakye Axa Indigenous
Community, supra note 43, para. 194; and Case of the Serrano-Cruz Sisters. Judgment of March 1, 2005. Series C
No. 120, para. 152.
94
Cf. Case of La Cantuta, supra note 14, para. 216; Case of the Miguel Castro-Castro Prison, supra note 14,
paras. 430 and 431, and Case of Dismissed Congressional Employees (Aguado-Alfaro et al.), supra note 19, para.
150.
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