impoverish the victim or his heirs.122
159. Regarding the amount requested by the representative for lost wages, the Court notes
that although supporting documentation was provided, it does not allow for a precise
determination of the amounts that would correspond to each year of service for different
police ranks. Additionally, it is not feasible to assert that Mr. Mina Cuero would have been
promoted to such ranks, especially when his resume shows two annotations regarding denied
promotions.123
160. Therefore, since a violation of the victim's rights was declared in the proceeding that led
to his dismissal, the Court sets, in equity, as compensation for lost profits from October 25,
2000 - the date on which the Disciplinary Court imposed the mentioned penalty - until the
date of issuance of this judgment, the amount of $75,000.00 (seventy-five thousand United
States dollars).
D.2. Non-pecuniary damages
161. The representative pointed out that the State did not take the necessary measures to
protect Mr. Mina Cuero from the arbitrary separation he was subjected to, which affected his
life project of continuing as a police officer, achieving promotions, and consequently,
accessing a retirement pension. They requested, as compensation for non-pecuniary
damages, that the payment of $50,000.00 (fifty thousand United States dollars) be ordered
to be made to the victim.
162. The State indicated that the representative did not allege "that [there] [was] a level of
impact of particular intensity towards the victim," and therefore, due to the lack of evidence,
the Court should dismiss the claim made. It requested that, in the event that the Court
considers any possible reparation for this concept, the amount be determined in equity and
in accordance with previous case law on the matter.
163. As to non-pecuniary damages, the Court has determined that it can understand both
the suffering and afflictions caused to the direct victim and the persons close to him, as well
as the harm to values that are very significant to people, and also the alterations of a nonpecuniary nature to conditions of existence of the victim or his family.124
164. In the specific case, to prove non-pecuniary damage, the Court has the statement of
Mr. Mina Cuero, given in a public hearing, as well as the statement of Jenniffer Yomaira Holguín
Méndoza, the victim's partner, from which various sufferings arising from the arbitrary dismissal
procedure are evident.125 Based on the above and the specific circumstances of the case, the
Court determines that the violations of due process suffered by Mr. Mina Cuero in the dismissal
procedure resulted in moral harm to him. Therefore, in equity, the Court sets the amount of
$15,000.00 (fifteen thousand United States dollars) as compensation for non- pecuniary
damage.
122
Cf. Case of the “White Van” (Paniagua-Morales et al.) v. Guatemala. Reparations and Costs. Judgment of May
25, 2001. Series C No. 76, para. 79, and Case of Deras García et al. v. Honduras, supra, para. 123.
123
Cf. Resume of Víctor Henrry Mina Cuero, issued by the Personnel Directorate of the National Police of Ecuador
on May 29, 2003 (evidence file, volume I, annex 1 to the Background Report, folios 6 and 7).
124
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 Deras García et al. v. Honduras, supra, para. 123.
125
Cf. Statement of Víctor Henrry Mina Cuero, given in a public hearing before this Court, and statement of
Jenniffer Yomaira Holguín Méndoza, given before a notary public (case file of evidence, volume V, affidávits, folios
1885 and 1886).