88
at the time of the events.
304. Based on the above reasons, the Court determines, in equity, that the State
must deliver the amount of US$ 2.500.00 (two thousand five hundred dollars of the
United States of America) to Mr. Vélez Loor, as compensation for the earnings he lost
during the ten months he was imprisoned in violation of Article 7 of the American
Convention.
b) Consequential Damages
305. The Commission requested the Court to set the amount in equity for the
consequential damages. The representatives stated that, at the time the victim was
deported, he tried to have access to justice for the violations committed against him.
Regarding this, they indicated that Mr. Vélez requested legal aid and together with his
attorney, followed-up on the complaint presented before the Embassy of Panama in
Quito, maintaining contact with the Embassy. In addition, they pointed out that,
within the framework of the international proceeding, the victim incurred in expenses
related to defense counsels, stationery, postage, a trip to Washington to participate in
the hearing on admissibility before the Commission and a trip from Santa Cruz to La
Paz, Bolivia, to document and prepare the case together with the representatives.
They mentioned that all of this entailed expenses, and the Court should set an
amount in equity. The State presented no argument in this regard.
306. Even though the representatives identified the expenses incurred by the victim
as part of the legal costs and expenses, the Court considered that such costs and
expenses are part of the consequential damages, insofar as they are the result of the
economic efforts made by Mr. Vélez Loor in his call for justice.
307. In this respect, the Court notes that Mr. Vélez Loor was provided with legal
assistance in the filing of complaints for the violations to which he was subjected.
However, based on the evidence existing in the case file, the Tribunal is not able to
quantify the amount the victim spent. In view of the foregoing and taking into
account the time elapsed, the Tribunal determines, in equity, the amount of US$
5.000.00 (five thousand dollars of the United States of America) which shall be paid
by the State to Mr. Vélez Loor as reimbursement of expenses incurred in legal
assistance and other expenses incurred at the international level.
2.
Non-pecuniary damage
308. The Court has developed in its jurisprudence the concept of non-pecuniary
damages and has established that the non-pecuniary damage “may include both the
suffering and distress caused to the direct victims and their next-of-kin, and the
impairment of values that are highly significant to them, as well as other sufferings
that cannot be assessed in financial terms, to the living conditions of the victims or
their families.”316
309. The Commission requested the Court to determine the amount in equity of
compensation for non-pecuniary damage. The representatives, in addition, requested
the Court “to order the Panamanian State to compensate the damage caused to [Mr.]
Vélez Loor as a result of the violations committed against him.” Therefore, they
requested the Court “to take into account also the suffering inflicted on him as a
result of the violations and its consequences and to determine an equitable amount.”
The State declared, regarding this measure, that it subjects to the decision of the
Court.
316
Case of the "Street Children” (Villagrán Morales et al), supra note 298, para. 84; Case of Ibsen
Cárdenas and Ibsen Peña, supra note 28, para. 278, and Case of Rosendo Cantú et al., supra note 27,
para. 275.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos