42
Commercial Department of the Municipality of Quilmes; a certified copy of the Car Exhibition
and Sales Ledger, and a photograph of the facade of the business known as “Bernal Motor
Cars.” They also stated that, during the “[p]olice search of [their] domicile in calle Belgrano
716, in Bernal, Quilmes District, Province of Buenos Aires on November 21, 1991, [the
police took away] a large amount of documentation, with the excuse that it had to be
examined, and this was never officially recorded and the documentation was never returned
to [them].”
149. The Court observes that the veracity of the documents and testimony provided by
the representatives was not contested by the State (supra para. 49). On the other hand,
from the file of case 4,227 “Macri, Mauricio: Unlawful Deprivation of Liberty,” it is clear that,
on November 21, 1991, a search was conducted of the victim’s domicile during which
money and documentation were seized. However, the official search record does not
register the seizure of documents relating to the victim’s commercial activities.140
Nevertheless, it is worth noting that, in the same case file, it is recorded that, on November
7, 1991, National Court of First Instance No. 25 asked the Head of the Fraud Division to
undertake intelligence work with regard to Juan Carlos Bayarri; to this end, the latter was
identified as a “Federal Police sergeant […,] robust, 1.78 m tall, bald, with a beard, who has
an automobile agency in San Martín and Cerrito [in Bernal].”141
150. The calculation of compensation for loss of earnings in the instant case must be
made based on the length of time the victim was unable to work as a result of the violation.
In this case, the Court has already found it proved that Juan Carlos Bayarri remained
deprived of his liberty for 13 years and that this imprisonment constituted a violation of his
right to personal liberty (supra para. 75). Having examined the body of evidence, the Court
now finds that it has been proved that the victim carried out commercial activities in the
automobile sector at the time of his detention. However, the representatives did not provide
evidence to authenticate the income that Juan Carlos Bayarri received.
151. Based on all the above, the Court finds, in equity, that the State must deliver the
sum of US$50,000.00 (fifty thousand United States dollars) to Mr. Bayarri, as compensation
for loss of earnings during the 13 years that he was deprived of his liberty in violation of
Article 7 of the American Convention.
iii) Other damage
152. The Commission and the representatives alleged that Mr. Bayarri suffered permanent
physical and psychological damage.
153. The Court finds it evident that Mr. Bayarri’s physical and psychological injuries affect
his future working life, as would be the case of anyone in these circumstances. In this
regard, the Court underscores that Juan Carlos Bayarri was deprived unlawfully of his liberty
when he was 41 years of age, and remained detained during a significant part of his adult
and working life, and this must be assessed.
140
Cf. Search application made by the Head of the Fraud Division, Chief of Police Vicente Luis Palo, to the
National Criminal Judge of First Instance on November 21, 1991 (helpful evidence submitted by the State,
exp7176cuerpo2_92, page 262); search warrant issued by Judge Oscar Alberto Hergott and addressed to the Head
of the Quilmes Investigation Brigade dated November 21, 1991 (helpful evidence submitted by the State,
exp7176cuerpo2_92, pages 361 and 362); official search record prepared by Principal Officer Fernando Canals and
others on November 21, 1991 (helpful evidence submitted by the State, exp7176cuerpo2_92, pages 363 to 367).
141
Cf. helpful evidence submitted by the State, (exp7176cuerpo2_92, page 31).