- 98 in fairness, the sum of US$5,000.00 (five thousand United States dollars) for each of the victims,
Adán Guillermo López Lone, Luis Chévez de la Rocha, Ramón Barrios Maldonado and Tirza del
Carmen Flores Lanza, for consequential damage.
D.2) Non-pecuniary damage
319. The representatives indicated that “there had been an autonomous effect on the mental
integrity and private life of Adán Guillermo López Lone, Luis Alonso Chévez de la Rocha, Ramón
Enrique Barrios and Tirza del Carmen Flores Lanza, because they were subject to stigmatization and
discrimination by public officials, and also due to the stress, suffering, frustration and uncertainty
caused by the dismissals.” Accordingly, they asked that, based on the circumstances of the case
and the harm suffered by the victims, the Court determine, in fairness, compensation for nonpecuniary damage for each of them.
320. International case law has established that the judgment constitutes per se a form of
reparation.470 However, this Court has developed the concept of non-pecuniary damage and has
established that this “may include the suffering and affliction caused to the direct victim and his
family, the impairment of values that are very significant for the individual, and also the changes of
a non-pecuniary nature in the living conditions of the victim or his family.”471
321. The Court notes that, in the statements made by the victims, they referred to their suffering
and affliction owing to the violations declared in this case. Thus, Mr. Chévez de la Rocha stated that
“the fact that a disciplinary case was brought against [him had] a strong impact, especially when
the dismissal became final.” Losing his tenure as a judge “upset [him] and, at the beginning, his
family seemed not to understand it”; he felt guilty, he was criticized, he was worried about the
debts he had contracted and his children’s studies. He also stated that he had accumulated a “high
level of stress […] over these four years and this has affected [his] health.” He indicated that he had
been diagnosed with generalized arthritis and the situation had even led to conflictive relationships
within his household, “circumstances that [they] had responded to by paying for psychosocial
assistance for [his] wife, [his] children and [him]self.” He stated that the dismissal had affected him
psychologically; he “feels that this situation has deprived [his] family of a better quality of life and
[… he] constantly feels guilty and even though [he] is able to overcome this – because [he] is
convinced that [his] stance was correct – it still annoys” him. In addition, his wife testified that the
disciplinary proceeding and her husband’s dismissal “was really traumatic; he became more
anxious, irritable.” She indicated that her husband became depressed because he had not been
reinstated and the stress had affected his health.
322. Tirza Flores Lanza testified that “the disciplinary proceeding […] was a time of much
uncertainty and affected [her] dignity. Following the dismissal [her] life changed completely; [she]
felt totally disoriented and extremely worried about the maintenance of [her] family”; she felt
“great fear [and] frustration.” She stated that “over the […] years since [she] was dismissed from
the Judiciary, [she had] felt very sad and depressed on many occasion owing to the frustration
caused by the fact that, because [she] did the right thing, [… she had been] expelled from [her]
place of work as a result of accusations that have damaged [her] honor.” She stressed that she had
“been subjected to many offensive and denigrating insults […] which have affected [them] greatly.”
In addition, she stated that her husband, Adán Guillermo López Lone, had undergone episodes of
depression and anxiety as a result of his dismissal. Meanwhile, Adán Guillermo López Lone indicated
that “the dismissal […] was a very difficult situation, almost devastating; [they] suffered a great
470
Cf. Case of El Amparo v. Venezuela. Reparations and costs. Judgment of September 14, 1996. Series C No. 28, para.
35, and Case of Omar Humberto Maldonado Vargas et al. v. Chile, supra, para. 157.
471
Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of May
26, 2001. Series C No. 77, para. 84, and Case of Omar Humberto Maldonado Vargas et al. v. Chile, supra, para. 174.