226. Nevertheless, the Court accepts that the anguish and concern caused to Mr. Álvarez
was sufficiently proven in his statement during the public hearing, in the expert opinion
provided by Mrs. Claudia Carrillo in her affidavit197 and in the statements made by members
of his family.198 Mrs. Carrillo stated that the psychological pressure and stress caused by the
criminal trial resulted in significant weight gain and adverse effects on the physical health of
Mr. Álvarez,199 who also expressed anguish over the attacks and public statements made by
State officials against him.200 According to the expert witness, Mr. Álvarez “fears for his
personal safety and continues to use many of the strategies he employed to protect himself
and his family. He does not travel to the interior of the country and avoids using airport
terminals in Venezuela. He uses security in his electronic and telephone communications. He
continues to keep a moderate public profile, focusing his interventions in the media on his
work as a writer and not on legal issues.”201 Consequently, the Court deems it pertinent to
establish, in equity, compensation for non-pecuniary damages for the sum of US$25,000.00
(twenty five thousand United States dollars).
E.
Other measures of reparation
227. The representatives requested that the State carry out an independent, public and
exhaustive investigation into the irregularities committed in the National Assembly during the
period 2002-2006; and to determine whether financial damage was caused to the pensioners
and retirees of the institution or Savings Bank that benefited them. They also requested that
a disciplinary process be opened against Judge Elías Álvarez to investigate the grave
irregularities committed in the trial of Tulio Álvarez.
228. The representatives further requested the annulment of Judgment N° 1063 of
November 3, 2010, delivered by the Constitutional Chamber of the Supreme Court.
229. In addition, they asked that the State and its public officials take immediate steps to
cease all acts of persecution, discrimination and discredit against Mr. Álvarez.
230. Finally, they called for an act of apology and acknowledgement of international
responsibility by the State through the publication of this judgment.
231. The Court considers that the content of the accusations made by Mr. Álvarez in the
opinion column that gave rise to this case are not the subject of the litigation before the InterAmerican System; therefore, the Court does not consider it necessary to order an investigation
in this regard. Nor is it appropriate to order a disciplinary process against Judge Elías Álvarez.
232. Furthermore, the Court considers that the measures of reparation ordered in this
judgment are sufficient and appropriate for the violations declared, and therefore does not
consider it pertinent to order additional measures.
F.
Costs and expenses
233. The representatives asked the Court to order the State to pay the legal costs and
expenses arising from processing this case, both in the domestic courts and before the InterCf. Expert opinion of Mrs. Claudia Carrillo, rendered by affidavit on August 31, 2018 (evidence file, folios 2885 to
2909).
198
Affidavits rendered by Carmen Guadalupe Ramos (evidence file, folios 2801 to 2805) and Anna Mercedes Martínez
(evidence file, folios 2806 to 2807).
199
Cf. Expert opinion of Mrs. Claudia Carrillo (evidence file, folio 2894).
200
Cf. Expert opinion of Mrs. Claudia Carrillo (evidence file, folio 2898).
201
Cf. Expert opinion of Mrs. Claudia Carrillo (Merits file, folio 2898).
197
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