document states that Mr. Cortez’s deprivation of liberty caused “very serious harm” to his
“life plans” and “serious harm to [his] work activities.” 161 On this matter, Mr. Cortez stated
that “being detained caused me to lose my [aviation technician] license, which ended my
career in aviation. That was my strength, working in aviation.” Furthermore, as has been
stated (supra para. 182), the expert Coba Mejía referred to the stigmatization people can
experience when they are detained in connection with a criminal trial. It is thus appropriate
to order compensation for the non-pecuniary damage suffered. Accordingly, the Court sets,
in equity, for non-pecuniary damage, compensation of USD 25,000.00 (twenty-five thousand
dollars). Moreover, related to the non-pecuniary damage suffered, and as a measure of
rehabilitation (supra para. 172), Mr. Cortez is awarded USD 6,000.00 (six thousand dollars).
The State shall pay Mr. Cortez, as reparation for the non-pecuniary damage he suffered, a
total of USD 31,000.00 (thirty-one thousand dollars).
F. Costs and expenses
185. The representatives requested a payment in equity for costs and expenses that takes
into account their estimate that they spent an average of USD 5,000.00 (five thousand
dollars) per year of litigation of the case (nationally and internationally). 162
186. The State maintained that no costs or expenses should be covered because the CDHPUCE allegedly indicated that it represents Mr. Cortez at no cost, and furthermore, “in this
case no hearings were held before the C[ommission] that could have generated expenses.”
187. The Court notes that the representatives did not provide documentation of expenses.
It is reasonable to assume, however, that the national and international litigation of the case
involved some expenditures that should be covered. Accordingly, this Court establishes the
amount of USD 15,000.00 (fifteen thousand dollars), in equity, for costs and expenses. This
amount shall be paid by the State to the representatives. At the stage of monitoring
compliance with this judgment, the Court will be able to order the state to reimburse the
victims or their representatives for reasonable expenses incurred during that procedural
stage. 163
G. Reimbursement of expenses to the Victims' Legal Assistance Fund of
the Inter-American Court
188. In 2008, the General Assembly of the Organization of American States created the
Legal Assistance Fund of the Inter-American Human Rights System “to facilitate access to the
inter-American human rights system by persons who currently lack the resources needed to
bring their cases before the system.” 164
189.
On July 12, 2022, the Court Secretariat sent the State a report on disbursements
made to the Victims' Legal Assistance Fund in this case, amounting to USD 80.46 (eighty
161
National Police of Ecuador. National Directorate of Judicial Police and Investigations. Forensic Psychological
Report No. 2013-892. July of 2013 (evidence file, annex 6 to the Merits Report, folios 280–283).
162
They noted, however, in their pleadings and motions brief, that “during the relevant procedural stage,” they
could provide details on the expenses incurred during the “international contentious proceedings,” and they requested
that the acceptance of those details be authorized.
163
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations, and costs. Judgment of September
1, 2010. Series C No. 217, para. 291 and Case of Sales Pimenta v. Brazil, supra, para. 196.
164
AG/RES. 2426 (XXXVIII-O/08), Resolution adopted by the 38th General Assembly of the OAS in its fourth
plenary session, held on June 3, 2008, “Creation of the Legal Assistance Fund of the Inter-American Human Rights
System,” operative paragraph 2(a); and CP/RES. 963 (1728/09), Resolution adopted on November 11, 2009, by the
Permanent Council of the OAS, “Rules of Procedure for the Operation of the Legal Assistance Fund of the InterAmerican Human Rights System,” Article 1(1).
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