35
established in the case of Trujillo Oroza. As to the expenses derived from the health
impairment experienced by the members of Ticona Estrada’s family, the State
requested the Court to set them in equity.
121. As to the alleged consequential damage caused to Honoria Estrada de Ticona,
César Estrada Olivares and their children, Hugo, Betzy and Rodo, all of them Ticona
Estrada, for the expenses incurred in searching for Renato Ticona, the Court
observes that in the affidavits rendered by them and by Hugo Ticona before this
Tribunal, they stated that, based on what happened to the victim, the members of
the family have been involved in the search, of which the parents and Hugo Ticona
have been in charge and have counted with the support of all. To such effect, they
have taken several steps and made numerous travels to look for him and learn about
his fate or whereabouts. Moreover, the representative pointed out that Honoria
Estrada de Ticona, César Estrada Olivares and Hugo Ticona have suffered distress as
a consequence of the disappearance of their son, which has made them incurred in
several medical expenses,105 which was equally stated by them in the affidavits.
122. As to the expenses incurred in the search of Renato Ticona, the Court
observes that, despite the fact that the receipts of such expenses were not
furnished, in the documents and information presented by the parties as evidence to
the case at hand, there is evidence of proceedings conducted by Honoria Estrada de
Ticona, César Estrada Olivares, and Hugo Ticona before state institutions and
authorities.106 The foregoing indicates that such people effectively incurred in several
extra-judicial expenses due to the forced disappearance of a loved one, among
other, the expenses derived from travels made by the relatives in order to search the
victim, the accommodation and food. Lastly, as to the medical expenses, bearing in
mind the arguments alleged by the representative, as well as the allegations of the
State as to the expenses derived from medical treatments of César Estrada Olivares
and Honoria Estrada de Ticona, the Court establishes that, despite the fact that the
parties failed to furnish the receipts that would allow determining the exact amount
of such expenses, the Court shall set an amount in equity for such expenses.
123.
As to the distress Hugo Ticona suffered as a consequence of the alleged
torture to which he was subjected, the Court is not competent to analyze them;
therefore this Tribunal shall not determine reparations in his favor.
124. Regarding the other expenses incurred in the search for justice, this Tribunal
considers that these expenses are related to the outlays made to have access to
justice, and therefore they are considered as “reimbursement of costs and expenses”
and not as “compensation”. In the instant case, the expenses related to the
correspondence, telegrams, telefax, telephone calls, photocopies of documentation
that was sent to different state authorities, derived from the access to justice and
therefore, shall be analyzed in section D) of this Chapter.
105
Honoria Estrada de Ticona stated in the affidavit that: As derived from the disappearance and
search of her son, her eyesight was damaged and she also had headaches; besides, for so much walking
looking for her son, she suffers today from arthritis which makes her difficult to walk, as well as
pneumonia. The above mentioned derived in expenses for her psychological treatment, as well as
medicines (supra para. 32(a)). César Ticona Olivares stated that his loss of hearing of his left ear was a
consequence of all the suffering, but mainly, his heartaches, derived from the preoccupations in his head
(supra para. 32(b)). The psychological expert opinion indicated that the mental tension of César Ticona
Olivares finally resulted in a cardiac arrest (supra para. 32.e).
106
Cf. supra note 31, subsections a), b), d) , e), f), g), h), i), j), k), l), m), o) and p).