C. Other measures requested
C.1.1 Arguments of the parties
476. The common interveners Factum Consorcio asked the Court to order the State: i) to
restore Jorge Martínez Meléndez’s status as a citizen prior to the alleged violations of his
human rights; ii) to issue an express prohibition to the State to prevent it from committing
similar violations of human rights and judicial guarantees in the future; iii) to establish the
obligation of the State to legally provide for sanctions applicable to State officials when they
commit breaches or violations, so as to prevent other persons from being victims in the future
of similar actions, violations, and interpretations by State officials, which entail the
suppression of the right to liberty, the violation of human rights, and the breach of judicial
guarantees; iv) to cover the cost of psychological treatment for the victim and his family; v)
to cover the cost of medical treatment for the victim; vi) to rescind and render null and void
all judicial and police records, and registry entries under the name of Jorge Martínez
Meléndez; vii) to ensure the immediate cessation of all legal effects related to or arising from
the unified prison sentences and the disqualification from holding public office, and viii) to
annul and lift all restrictions and conditions on the free exercise of Jorge Martínez Meléndez’s
right to personal liberty and his right to travel within and outside the country.
477. In general, the State objected to the reparations requested by the representatives,
considering that there is no causal relationship, since the plaintiff was at fault.
C.1.2. Considerations of the Court
478. The Court considers that there is no causal link between the violations declared in this
judgment and the reparations requested by Factum Consorcio. Furthermore, the Court
considers that the issuance of this judgment and the reparations ordered in this chapter are
sufficient and adequate to remedy the violations suffered by the victim and does not deem it
appropriate to order additional measures. 652
D.
Compensation
D.1. Non-pecuniary damage
479. The Commission asked the Court to order full reparation for the violations declared
in the Merits Report, including adequate compensation.
480. The common interveners Factum Consorcio requested compensation of 50,000,000
Costa Rican colones (hereinafter CRC) for moral damage in favor of Jorge Martínez Meléndez.
They also requested compensation of 50,000,000 CRC for bodily injury caused to the victim’s
health; according to the representatives, these ailments are described in his respective
medical records. They also requested 50.000.000 CRC for damage to the life project of Mr.
Jorge Martínez Meléndez, since this was disrupted by the alleged illegitimate and unlawful
actions of the Costa Rican State.
481. The State argued that it has not engaged in unlawful conduct, and therefore no
compensation is due.
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 359, and Case of Lagos del Campo v. Peru, supra, para. 290.
652
143
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos