restriction to dispose of, the unavailability of and harm to all his personal and business goods for the past eighteen years as a consequence of the violation of his rights protected by the Convention. He indicated that the “amount […] is arrived at from an equitable and reasonable assessment of consequential damages and lost wages.” He also asked that the State be obligated to pay Mr. Romero Feris as compensation for the consequences of the non-pecuniary and moral damages suffered during almost two decades of institutional persecution and human rights violations the amount of USD 4,500,000.00 (four million five hundred thousand United States dollars), considering the personal, family, business, social and political qualities of the alleged victim. 188. The State pointed out that the representative of the alleged victim had included claims that are not proportionate to a viable legal compensation under the applicable norms. It also indicated that the representative did not substantiate the claims in such a way that the amounts could be viewed as applicable to the case. 189. With respect to pecuniary damages, the Court’s case law has held that it presupposes the loss or a detriment to the income of the victims, the expenses resulting from the events and the pecuniary consequences that have a causal nexus with the facts of the case.197 The Court, thus determines it appropriate to order, in equity, the payment of USD 10,000.00 (ten thousand United States dollars) to Mr. Romero Feris as pecuniary damages. 190. With respect to non-pecuniary damages, the Court’s case law has established that they may include the suffering and distress caused by the violation as well as the impairment of values that are highly significant to the victims as well as non-monetary alterations to their living conditions. Since it is not possible to assign a precise monetary equivalent to nonpecuniary damages, the victims, to be integrally redressed, can only be compensated by a monetary payment or by the assignment of goods or services that can be assessed monetarily, as prudently determined by the Court, applying judicial discretion and the principle of equity.198 In this case, the Court held that the rights of Mr. Romero Feris to personal liberty and to the presumption of innocence were violated (supra Chapter VI.1). Therefore, considering the circumstances of this case and the non-pecuniary consequences that he suffered, the Court deems it appropriate to fix, in equity, as non-pecuniary damages, the sum equivalent to USD 10,000.00 (ten thousand United States dollars). B.3. Other measures of reparation requested 191. The Commission requested that the State “[t]ake the necessary measures to ensure the non-repetition of the violations declared in [its Report on the Merits}.” It specifically asked that “the State adopt administrative or other measures to ensure strict compliance with the maximum legal term for pre-trial detention, as well as providing adequate grounds for ordering it” by the justice operators, in accordance with the standards set out in the Report. It also asked the Court to order the State to ensure “the availability of adequate and effective mechanisms to enable persons subjected to criminal proceedings to challenge, in a simple and rapid manner, the competence, independence and impartiality of the judicial authorities.” 192. The representative requested: (a) a declaration of the absolute nullity of the processes that comprise the factual framework; (b) the restitution and reestablishment of the rights of Mr. Romero Feris, such as the right to his personal liberty, or the redress and reparation of the unjust and arbitrary harm inflicted on his honor, honorability, good name, personal, Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, para. 43 and Case of Girón et al. v. Guatemala, paras. 125 and 144. 197 Cf. 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 Martínez Coronado v. Guatemala. Merits, Reparations and Costs. Judgment of May 10, 2019. Series C No. 376, para.114. 198 36

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