232. The Commission "consider[ed] it relevant to redress the consequences of the
violations committed against the victim by providing compensation for the [material and
moral] damage caused in the case."
233. The representatives did not request the Court to order the State to pay a specific
amount for pecuniary and non-pecuniary damage.
234. The Court notes that there is no evidence on the pecuniary damage suffered by
Mr. López Mendoza and that the only evidence regarding moral damage in the case file is
related to the declaration of the victim in the public hearing. Mr. López Mendoza noted
that “he cannot carry out any public function before the Venezuelan State, at the local,
regional, and national level [and that] he was totally excluded from participating as a
public servant [and] from excercising [his] political rights and to run as a candidate in a
popular election.” He added that “his political career is [his] life [and that] being
disqualified as a politician, as a public servant, is like taking wood away from a carpenter
[…] or taking the possibility away from those who dedicate themselves to justice […] from
evaluating a case.” According to Mr. López Mendoza, “a political disqualification [implies]
removing him completely from [his] profession, [his] vocation, of working with people, of
working with citizens, of building hope through the possibility granted to people through
their votes.” Finally, he specified that “as of 2008, […] he has not been able to serve as a
public servant within the structure of the Venezuelan State [and that, nevertheless, he]
has remained […] with the community, […] organizing the hope of a people who want an
option for change.” 303
235. Considering that international jurisprudence has consistently reiterated that the
Judgment may be per se a form of reparation304 (infra para. **) and, taking into account
that in the circumstances of the case sub judice the Court has no other additional
element to assess in addition to the declaration of the victim and the victim's
representatives did not make a specific request for pecuniary and non-pecuniary damage,
the Court does not deem a measure of pecuniary in this regard.
D.
Costs and expenses
236. As the Court has stated on previous occasions, costs and expenses are included
in the reparations provided for in Article 63(1) of the American Convention.305
237. The Commission requested that the State "pay the costs arising at the national
level in the processing of the judicial proceedings of the victim or their representatives in
the domestic forum, as well as those incurred at the international level in the handling of
the case before the Commission and those incurred as a result of the processing of the
[...] application before the Court which are properly proven by the representatives."
238. The representatives “request[ed] that [payment be made for] the costs and
expenses incurred by [Mr. López Mendoza] due to the efforts related to the processing of
303
Statement of Mr. Leopoldo López Mendoza, supra note 214.
304
Cf.Case of Neira Alegría et al. V. Perú. Reparaciones y Costas, supra note 288, para. 56; Case of
Chocrón Chocrón, supra note 13, para. 149, and Case of Mejía Idrovo, supra note 15, para. 134
305
Cf. Case of Garrido and Baigorria V. Argentina. Reparations and Costs. Judgment of August 27, 1998.
Series C. No. 39, para. 79; Case of Chocrón Chocrón, supra note 13, para. 192, and Case of Mejía Idrovo, supra
note 15, para. 157.
83
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos