221. The State indicated that the alleged expectation that they would end their lives as
justices referred to “a certainty that was far from being a reasonable prospect for a person
who exercises public office with political accountability.” In the case of Mr. Fernández Gadea,
it argued that there was no causal nexus between the terminal disease that he died of and the
impeachment proceedings against him. It added that the sum claimed as non-pecuniary
damage “bore no relationship […] to the alleged violations and was the result of weighting
factors […] that had not been proved.” It asked that, if the Court established reparations for
this concept, it should take a decision based on the observations made and the relevant
precedents.
222. In its case law, this Court has developed the concept of non-pecuniary damage and has
established that it may include both the suffering and affliction caused to the direct victims
and their closest family and the impairment of values of great significance for the individual,
as well as the changes, of a non-pecuniary nature, in the living conditions of victims or their
families.195
223. To prove the non-pecuniary damage caused to Mr. Ríos Ávalos, the representatives
provided an expert appraisal prepared by a psychiatrist who had interviewed the victim, two
of his children, and an individual who worked as his driver. In his report, the expert concluded
that “when the facts [of the case] occurred,” the victim suffered “anxiety disorders
characterized by agitation, nervousness, chest tightness, apparently unrelated to the heart,
and difficulty in sleeping,” due to the “intense stress” to which he was subjected. 196 Also, in
his statement during the public hearing, Mr. Ríos Ávalos referred to the consequences of the
impeachment proceeding against him and his resulting removal from office.197
224. In the case of Mr. Fernández Gadea, in his testimonial statement, Jesús María Fernández
Villalba referred to the anxiety and other problems suffered by his father as a result of the
impeachment proceedings and his subsequent dismissal.198 Similarly, his widow, María
Concepción Villalba spoke of the suffering endured by her husband following those events.199
For his part, witness Alexei Porres referred to the stress, anxiety, depression, and other
circumstances affecting the victim, which he had diagnosed in his capacity as treating
physician.200
225. The Court rejects the alleged impairment of honor and reputation as an element relating
to the non-pecuniary damage caused to the victims, because this relates to arguments based
on facts that exceed the purpose of these proceedings (supra para. 136). In addition, it will
not take into account the references to the reprisals suffered or the separation of Mr. Ríos
Ávalos from academic establishments because, similarly, they are unrelated to the facts of
this case.
226. With regard to the serious disease suffered by Mr. Fernández Gadea that resulted in his
death, the Court notes that, other than the stress, anxiety and anguish suffered by the victim,
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 Grijalva Bueno v. Ecuador, supra, para. 190.
196
Cf. Expert opinion signed by Carlos Alberto Arestivo (evidence file, volume VIII, affidavits, folios 13412 to
13425).
197
Cf. Statement provided by Bonifacio Ríos Avalos during the publics hearing before this Court.
198
Cf. Testimonial statement provided by Jesús María Fernández Villalba during the publics hearing before this
Court.
199
Cf. Testimonial statement of María Concepción Villalba, widow of Fernández, provided by affidavit (evidence
file, volume VIII, affidavits, folios 13498 to 13506).
200
Cf. Testimonial statement of Alexei Porres Piovet, provided by affidavit (evidence file, volume VIII, affidavits,
folios 13427 to 13433).
195
52
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