superior rank of Captain of the Army of Peru; therefore, it considers that the victim had the project
of reaching the highest level in the Army of Peru, and that currently he could hold the rank of
Brigadier General of the Army of Peru, with a salary of approximately PEN 15,000.00 per month,
plus the benefits and interest calculated for the 23 years elapsed since the damage occurred, the
compensation amount proposed is PEN 2,000,000.00.
240. The State indicated that the representative did not provide sufficient reasons to argue why
to date the alleged victim would hold the rank of Brigadier General of the Army of Peru. It noted
that the representative did not provide any certificate or diploma certifying that Jorge Enrique
Rosadio Villavicencio had completed the course for promotion mentioned in the brief containing
pleadings, motions and evidence. Furthermore, it emphasized that there are no objective elements
to provide sufficient grounds that Mr. Rosadio Villavicencio would have reached the rank of
Brigadier General of the Army, and no documents were attached either certifying that the alleged
victim was registered in the course for promotion to the rank of Captain of the Army of Peru. As
for the consequential damages, the State indicated that the representative did not provide the
expenses that Jorge Enrique Rosadio Villavicencio would have incurred; therefore, it requested
that it be considered not confirmed.
241. The Court has developed in its jurisprudence that pecuniary damages encompass the loss
of or detriment to the victim’s income, the expenses incurred as a result of the facts and the
monetary consequences that have a causal nexus to the facts of the case. 202
242. Regarding lost wages and the alleged truncated promotion within the Army, the evidence
provided by the representative comprises the victim’s certificates of study at the Army Intelligence
Training Center. It is not possible to infer elements from this evidence to determine that, had the
violations established in this judgment not occurred, Mr. Rosadio Villavicencio would have been
promoted to the rank of Brigadier General in the Army of Peru. Nevertheless, the Court considers
it reasonable to presume that the victim would have continued in the Army had it not been for the
proceedings that he was subjected to. Therefore, in conformity with the specific circumstances of
the case, the Court establishes that the compensation for lost wages shall be USD 110,000.00
(one hundred and ten thousand US dollars), to be delivered to the victim in this case.
243. As for consequential damages, the representative did not provide any evidence or
background that would allow to perform a reasonable estimate of the amount that the victim may
have disbursed as a result of the violations of his rights confirmed in the instant case. However,
the Court considers it reasonable to presume that the victim incurred in expenses during the time
that he was detained; therefore, the Court sets the compensation for consequential damages at
USD 1,000.00 (one thousand US dollars), which shall be delivered to the victim in this case.
E.2. Nonpecuniary damages
244. The Commission asked the Court to order the State to provide monetary compensation
for the nonpecuniary damages caused.
245. The representative claimed that the distress endured by the victim and the pain and
suffering caused during more than 18 years will extend over the rest of his life, given that the
State of Peru derailed his life project, he suffered the unlawful and arbitrary loss of his personal
liberty, and physical and psychological mistreatment that will mark him for the rest of his life. He
was unlawfully subjected to the distress of unnecessary and irregular administrative and judicial
proceedings on facts that he did not commit, on charges related to the hierarchy of command of
officers and authorities whose reputation and trajectory were later found to be doubtful; he was
retired from the position of Officer of the Army of Peru and exposed to social scorn by having
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C
No. 91, para. 43, and Case of Rodríguez Revolorio et al. v. Guatemala, supra, para. 166.
202
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