180.
The State and the representative also indicated that, currently, all the victims have a pension
from the Social Security Institute of the National Police; they receive a pension and the
corresponding benefits.
181. In the instant case, the Court notes that the representative requested specific sums for each
of the victims, but failed to provide any vouchers for the Court to assess the pecuniary damage
related to the expenditure for consequential damage, nor any justification for the loss of earnings
182. Based on the above, the Court notes that the victims continued to receive, as applicable,
pensions and remuneration while they remained detained and during the police criminal
proceedings. In the case of the four victims who were on active duty, they were subsequently
reinstated. Consequently, the Court establishes, in equity, the sum of US$10,000.00 (ten thousand
United States dollars) for pecuniary damage for each victim. This sum must be delivered to each of
the victims: Jorge Humberto Villarroel Merino, Mario Romel Cevallos Moreno, Jorge Enrique Coloma
Gaibor, Fernando Marcelo López Ortiz, Leoncio Amílcar Ascázubi Albán and Alfonso Patricio Vinueza
Pánchez.
D.2 Non-pecuniary damage
183. The Court has also developed the concept of non-pecuniary damage in its case law and has
established that this may include both the suffering and afflictions caused to the direct victims and
their family, and the impairment of values of great significance for the individual, as well as the
alterations, of a non-pecuniary nature, in the living conditions of the victims or their families. 163
184. To establish the compensation, the Court will take into account the violations that have been
declared and the harm caused.
185. The State noted that the victims had not substantiated their claims based on the parameters
established by inter-American case law. Nor had they substantiated the presumed specific nonpecuniary damage they alleged they had suffered. The State even pointed out some contradictory
allegations.
186. In the instant case, the Court declared the violation of personal liberty in relation to the
unlawful and arbitrary detention of Jorge Humberto Villarroel Merino, Jorge Coloma Gaibor,
Fernando López Ortiz, Amílcar Ascázubi Albán and Patricio Vinueza Pánchez for one year and Mario
Cevallos Moreno for five months and seventeen days, 164 all of whom did not have an appropriate
and effective remedy to control their deprivation of liberty, or judicial guarantees, because they did
not have an independent and impartial judge. Therefore, the Court understands that, given the
nature of the facts and the violations determined in this judgment, the victims suffered nonpecuniary harm that should be compensated. Consequently, it determines, in equity, the following
sum for each of the victims:
a)
b)
c)
d)
e)
f)
Jorge Humberto Villarroel Merino: US$30,000.00 (thirty thousand United States dollars);
Mario Romel Cevallos Moreno: US$20,000.00 (twenty thousand United States dollars);
Jorge Enrique Coloma Gaibor: US$30,000.00 (thirty thousand United States dollars);
Fernando Marcelo López Ortiz: US$30,000.00 (thirty thousand United States dollars);
Leoncio Amílcar Ascázubi Albán: US$30,000.00 (thirty thousand United States dollars), and
Alfonso Patricio Vinueza Pánchez: US$30,000.00 (thirty thousand United States dollars).
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 Grijalva Bueno v. Ecuador, supra, para. 189.
163
Mr. Cevallos Moreno was released on November 13, 2003, and Messrs. Coloma Gaibor, López Ortiz, Ascázubi Albán
and Vinueza Pánchez on May 25, 2004. Lastly, Mr. Villarroel Merino was released on June 4, 2004.
164
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