6) Expenses assumed by his parents, in-laws, siblings and brothers/sisters-in-law to provide food
and health care to his wife and son.
148. The State emphasized that Mr. Jenkins had not presented sufficient evidence to justify the
large sums requested as compensation for pecuniary damage, and had merely made some general
assertions. Regarding the expenses incurred due to the numerous legal proceedings, the State
argued that it should be recalled that, in the only hearing held before the Inter-American
Commission, the presumed victim participated by video call. In relation to the request to reimburse
the expenditure for food, hygiene and cleaning articles, medicines and clothing, the State indicated
that it had the obligation to ensure the safety and custody of individuals subject to legal proceedings,
which entailed a duty to satisfy the basic needs of persons deprived of liberty, such as food, items
of personal hygiene, medicines and clothing. According to the State, the requests made on behalf of
Mr. Jenkins were inadmissible, especially as no evidence had been provided that authenticated the
alleged expenses by the corresponding vouchers. Moreover, regarding the expenses of transportation
to the establishment where he was detained, the State argued that, although the type of
transportation expenses referred to were not specified, while he was deprived of his liberty, transfers
were always paid for by the Federal Prison Service. Lastly, regarding reimbursement of the presumed
expenses assumed by his parents, in-laws, siblings and brothers/sisters-in-law to provide food and
health care to his wife and son, the State asked the Court to reject this request, because the said
expenses had not been reliably authenticated.
149. The Commission did not present specific arguments on this point.
150. In relation to the consequential damage, the Court notes that the representatives did not
provide any evidence that would allow it to make a reasonable assessment of the amount of the
expenses that Mr. Jenkins incurred as a result of his detention. Nevertheless, the Court considers
that the deprivation of liberty of Mr. Jenkins caused him to incur a series of expenses resulting from
his incarceration. Consequently, the Court finds it pertinent to order, in equity, the payment of
US$5,000 (five thousand United States dollars) to Mr. Jenkins for consequential damage.
(ii) Loss of earnings
151. The representatives indicated that Mr. Jenkins had worked as a national public accountant
and lawyer, employed in the public sector in the Ombudsman’s Office and that he also freelanced.
On this basis, the representatives requested US$80 (eighty United States dollars) a day for the time
that Mr. Jenkins was deprived of liberty, which amounted to US$102,240 (one hundred and two
thousand two hundred and forty United States dollars).
152. The State indicated that the arguments made were very vague and general and no evidence
of any type had been provided to substantiate this request. The State argued that, at the time of his
detention and subsequent deprivation of liberty, Mr. Jenkins had no university degree and no
employment according to the information he himself had provided. In this regard, it indicated that
Mr. Jenkins had concluded his legal studies in 1998; in other words, after he had recovered his
freedom. According to his curriculum vitae, Mr. Jenkins earned his degree as a national public
accountant in 2002, also after his release. Moreover, that document does not record any
employment, or professional or academic activities prior to his deprivation of liberty.
153. The Commission did not present specific arguments on this point.
154. The Court notes that the representatives did not provide any type of evidence that would allow
it to make a reasonable assessment of the amount for loss of earnings. However, it considers that
Mr. Jenkins’ deprivation of liberty resulted in a legitimate loss of income. Consequently, the Court
finds that, in equity, the State must deliver to Mr. Jenkins the sum of US$10,000 (ten thousand
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