process nor did he attend the interview, therefore it questioned the impact he may have
suffered. It considered that the non-ratification did not frustrate his career as a lawyer,
since the ban on reentry to the judiciary was lifted in 2006, and consequently, Mr.
Valenzuela Cerna had the possibility of applying for a position in the Judiciary.
223. The Court has established in its jurisprudence that non-pecuniary damage can include both
the suffering and afflictions caused by the violation as well as the impairment of very significant
values for the individuals and any alteration, of a non-pecuniary nature, in the conditions of
existence of the victims or their family. 186 Additionally, since it is not possible to assign a precise
monetary equivalent to non-pecuniary damage, it can only be compensated, for the purposes of
comprehensive reparation to the victims, through the payment of an amount of money or the
delivery of goods or appreciable services in money, that the Court determines in reasonable
application of the judicial discretion and in terms of equity. 187
224. In this case, to substantiate the non-pecuniary damage, Mr. Cuya’s representatives made
reference to the emotional suffering undergone which manifested in anxiety, sadness, anguish,
uncertainty and powerlessness in the face of the punitive system, expectation and frustration of
not having been ratified in office, as well as the impairment suffered by the process to which he
was subjected which prevented him from achieving the realization of his personal vocation. Mr.
Valenzuela’s representatives made reference to the autonomous effects on psychological wellbeing
and private life, being the object of stigmatization and discrimination by public officials, as well as
the stress, suffering, frustration and uncertainty caused by the dismissals, and the emotional
suffering due to the administrative and judicial proceedings. Regarding those allegations related
to the victims’ emotional suffering, the Court will only take into account for the determination of
non-pecuniary damage those related to the facts of this case and the violations declared in it.
225. Based on the foregoing and taking into account the circumstances of the case, the Court
considers that the decision to arbitrarily remove the victims from their office affected their rights to
judicial guarantees, privacy, political rights, and judicial protection for which it sets, in equity, the sum
of USD 20,000.00 (twenty thousand United States dollars) for non-pecuniary damage, for each of the
victims, which must be delivered to Jorge Luis Cuya Lavy, Walter Antonio Valenzuela Cerna, Jean
Aubert Díaz Alvarado, and Marta Silvana Rodríguez Ricse
F. Costs and expenses
226. In their brief of motions, pleadings and evidence, the representatives requested the
payment of costs and expenses, as indicated below:
Regarding Mr. Cuya: for the expenses of almost 17 years throughout the internal
process and before the inter-American system. They argued that the expenses include the
transport to the headquarters of the jurisdictional and administrative authorities, including
expenses to travel to the headquarters of the Inter-American Commission in Washington,
D.C. They alleged the following expenses: USD 3,306.00 (three thousand three hundred
six United States dollars) for the purchase of airline tickets; USD 2,352.00 (two thousand
three hundred fifty-two United States dollars) for the expert accounting opinion to
determine the loss of profits, and USD 274.06 (two hundred and seventy-four United States
dollars and six cents) for miscellaneous expenses for copies, authentications and
legalization of signatures, tariffs, shipments by courier. In addition, they considered that,
by adding the other items such as courier, photocopying, legal advice and food to the
expenses and fees, increase the amount to the final sum of USD 30,000.00 (thirty thousand
a)
186
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 Garzón Guzmán v. Ecuador, supra, para. 96.
187
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs, supra, para.
84, and Case of Bedoya Lima v. Colombia, supra, para. 206.
56