44
154. In this case, the Court notes that, due to the failure to submit the brief of pleadings
and motions, the representative requested, for the first time, in the final arguments, under
the concept of loss of earnings, a series of items corresponding to various sources of income
of the victim. In other words, no specific arguments were raised, nor were sufficient
evidentiary elements presented to establish whether they were directly caused by the facts
of this case146 and the violations declared in this Judgment, nor were they presented at the
first procedural opportunity that is granted for this purpose. 147
155. In virtue of the foregoing, the Court does not have the evidentiary elements to prove
the causal nexus of the facts of this case in relation to the violations declared in this
Judgment. Similarly, the Court has not established the international responsibility of the
State in regard to the manner in which the criminal proceedings against Mr. Liakat Alibux
were conducted, but rather, because of the absence of a remedy that impeded the review of
the conviction. As such, it considers that it cannot grant any compensation for pecuniary
damages. In addition, the Court has not determined the State’s responsibility for the
violation of the principle of legality and freedom from ex-post facto laws, guaranteed in
Article 9 of the American Convention. Accordingly, it is inappropriate for the Court to order
measures of reparation in relation to the alleged pecuniary damage.
D.2 Non-pecuniary damage
156. In its jurisprudence, the Court has developed the concept of non-pecuniary damage and
has established that it “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 changes of a non-pecuniary nature in the living conditions of the victims or
their family.”148
157. In chapter VII-2, this Court determined that the State did not guarantee Mr. Alibux’s
right to appeal the judgment and, thus, violated Article 8(2)(h) of the American Convention
by subjecting him to criminal proceedings in a sole instance without the possibility of
appealing the sentence imposed upon him, effectively serving seven months in prison149 and
a penalty of ineligibility to serve in the post of cabinet minister for three years. Likewise, the
Court concluded, in chapter VII-4, that the State violated the right to freedom of movement
and residence established in Article 22, subsections 2 and 3, of the American Convention,
by virtue of imposing a restriction on Mr. Alibux of the right to leave the country without
proof that it had complied with the requirement of legality. Under the circumstances, the
Court determines that Mr. Alibux suffered damage in his moral sphere and, therefore, fixes,
in equity, the sum of U.S. $10,000.00 (ten thousand dollars of the United States of
America) by way of compensation for non-pecuniary damage suffered by Mr. Alibux.
E.
Costs and expenses
158. In the final written arguments, the Legal Representative indicated that a number of
expenses during the pendency of the proceedings were incurred, to wit: translations and
146
Cf. Case of Tristán Donoso V. Panamá. Preliminary Objection, Merits, Reparations and Costs. Judgment of
January 27, 2009. Series C No. 193, para. 184, and Case of Chitay Nech et al. V. Guatemala. Preliminary
Objections, Merits, Reparations and Costs. Judgment of May 25, 2010. Series C No. 212, para. 270.
147
Cf. Case of Chitay Nech et al., supra, para. 270, and Case of Pueblo Bello Massacre V. Colombia. Judgment
of January 31, 2006, para. 225.
148
Cf. Case of de los “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 J., supra, para. 415.
149
The deprivation of liberty that was ordered was a year in prison (supra para. 47).