D.1.2. Considerations of the Court
482. The Court has developed in its case law the concept of non-pecuniary damage, and has
established that this “may include both the suffering and afflictions caused to the direct victim
and his family, the impairment of values of great significance for the individual, as well as
changes of a non-pecuniary nature in the living conditions of the victim or his family. 653
483.
In consideration of the human rights violations established in this judgment, the Court
considers that the State must pay Jorge Martínez Meléndez, as non-pecuniary damage, the sum
of USD $2,000.00 for the violation of his right to personal liberty.
D.2. Pecuniary damage
D.2.1. Arguments of the Commission and the parties
484. The Commission asked the Court to order full reparation for the violations declared
in the Merits Report, including adequate compensation.
485. The common interveners Factum Consorcio requested payment of 1,315,777,076.83
CRC in favor of Jorge Martínez Meléndez, for pecuniary damage and costs incurred in the
proceedings before this Court, the Commission and the Costa Rican judicial proceedings,
including interest and “due indexation,” for income lost as a result his unlawful deprivation of
liberty and the actions that violated his human rights. They also requested the sum of
369,921,000 CRC in his favor for consequential damages. 654
486. The State argued that it has not engaged in unlawful conduct, and therefore the claims
of the representatives should be rejected.
D.2.2. Considerations of the Court
487. The Court has developed in its case law the concept of pecuniary damage and the
circumstances in which it must be compensated. The Court has established that pecuniary
damage supposes “the loss of or detriment to the victims’ income, the expenses incurred as a
result of the facts and the pecuniary consequences that have a causal nexus with the facts of
the case. 655
488. The Court observes that the common intervenor Factum Consorcio, based on the
opinion of the Public Accountant Guiselle Chacón Araya, requested payment of
1,315,777,076.83 CRC in favor of Mr. Martínez Meléndez, for pecuniary damage, taking into
account his lost income plus interest, in view of his unlawful deprivation of liberty. Ms. Chacón
“certified the variables to be considered and determined the amount lost for damages, lost
profits, financial losses, business losses, and damages for being unable to exercise his
professions as an attorney and notary public for a period of time.” In this regard, the expert
stated that she made a calculation in accordance with the Decrees of the Executive Branch of
Costa Rica during the period under study, which established the minimum salaries for the
professions of attorney and notary public. According to the accountant, she calculated the
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 Vereda La Esperanza v. Colombia. Preliminary objections,
merits, reparations and costs. Judgment of August 31, 2017. Series C No. 341, para. 306.
654
For a farm given in guarantee that was supposedly appropriated by the State with a value of 211,001,000
Costa Rican colones (CRC) and another farm handed over to the State with a value of 40,560,000 Costa Rican
colones, as well as costs of political asylum, housing and living expenses, totaling USD $220.000.
655
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series
C No. 91, para. 43, and Case of the Xucuru Indigenous People and its members v. Brazil, supra, para. 208.
653
144
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