served an undeserved prison term of 54 months. Therefore, the victim considers that the
compensation amount should be set by the Court.
246. The State considered that such infringement has not been proven, nor is this a grave
human rights violation or intended infringement of any core human right explicitly included and
protected by Article 27 of the Convention. Moreover, the alleged physical and psychological
mistreatment of the victim has not been previously claimed in other stages of these supranational
proceedings; thus, it is definitely not part of the controversy in the instant case.
247. The Court has developed in its jurisprudence the concept of nonpecuniary damages, and
it 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
non-monetary alterations in their living conditions.203
248. Regarding nonpecuniary damages, the Court takes into consideration that Mr. Rosadio
Villavicencio was declared victim of the violation of his right to judicial guarantees and right to
personal liberty. These violations resulted in two sentences already served that had different
psychological, social and emotional effects, which was confirmed by the statement given by the
victim in the public hearing before this Court. 204
249. As a result of these violations, the Court orders, in equity, a compensation for nonpecuniary
damages and damage to the life project of the victim the amount of USD 20,000.00 (twenty
thousand US dollars).
F. Costs and expenses
250. The Commission did not refer to this point. The representative indicated that the alleged
victim incurred in various expenses related to the judicial proceedings such as hiring attorneys,
transport expenses, tickets and per diem of the attorneys, lodging in the city of Lima, among
other administrative expenses (telephone, printing, photocopies, etc.), which due to their nature
are not documented. Therefore, they asked the Court to assume, as it has been done other cases,
that the expenses incurred amount to approximately USD 2,000.00. It clarified that these
expenses do not include any future expenses to be incurred during the rest of the proceedings
before the Inter-American Court.
251. The State noted that the representative does not have any receipts or proof to support
the claimed expenses; therefore, it asked that these be considered not proven.
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 Rodríguez Revolorio et al. v. Guatemala, supra, para. 171.
204
During the hearing, Mr. Jorge Enrique Rosadio Villavicencio expressed “the consequences and impact on his
personal life, work life, family life and social environment” of the facts denounced, indicating that “in the personal aspect,
I [have become] somewhat insecure, based on the fact that it was in the press several times, in newspapers of nationwide
circulation, that I was a corrupt intelligence officer, which marked me before society and this had repercussions in my
personal life[;][ …] in my work life, because I was quickly fired from any jobs I was able to get, [or] they found out that
I had criminal and judicial records, so I ended up getting fired; otherwise, I had maybe one year working for a company
and they began checking my background and I already knew that they would find so I would resign. Therefore, this
strongly affected me economically and emotionally, which has prevented me from being able to have a family […]. In the
social sphere, well… for example, since I studied at Leoncio Prado Military School, they hold annual gatherings to which I
had to stop going because I truly felt bad. It was similar with friends from military school, since I was no longer able to
attend those gatherings. Now, the worst part is that even though the State already authorized the annulment of the
judicial and criminal papers in 2006, in 2016 I was offered an important position with a mining company and I was later
told that I had judicial records, meaning that they had not been erased; therefore, from all of the job positions that I
applied for, I was unable to get anything […]. I [l]ost many opportunities because of this.” (Statement given by Jorge
Rosadio Villavicencio during the public hearing at the Inter-American Court, held on February 6, 2019).
203
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