49
this Court, that must identify the alleged victims in a case before the Court precisely and
at the appropriate procedural opportunity.155
225. This has not occurred in the instant case and, accordingly, the Court has not
declared any violation to the detriment of the next of kin of Messrs. Chaparro and Lapo;
hence, they cannot be considered to be an injured party.
B)
COMPENSATION
226. In its case law, the Court has developed the concept of pecuniary damage and the
circumstances in which it is in order to compensate this.156
227. In the instant case, the Commission maintained that the victims “were not only
deprived of their liberty and ceased working but, in addition, property belonging to them
was seized” and this was not returned immediately after their acquittal, but required
additional measures to make the return effective, which “caused added financial losses.”
The representatives requested that compensation be awarded for pecuniary damage “in
the terms described in the expert opinion prepared by Yazmín Kuri Gonzalez.” In
addition, during the public hearing, the representatives requested that “an appraisal be
conducted of the material losses they suffered: in the case of Mr. Chaparro, his factory,
and in the case of Mr. Lapo, his vehicle and his house.” The State contested these
requests for reparation, arguing that “the alleged victims could file a civil action to claim
payment of damages.”
a)
Pecuniary damage arising from the seizure and deposit of property
228. The Court has established in this judgment that Mr. Chaparro’s shares in the
Plumavit factory had a financial value that formed part of his patrimony (supra para.
182). This financial value was directly related to the value of the company itself. The
State’s actions, namely the unsatisfactory administration of the property, the delay in the
return of the factory, the return of property in a deteriorated condition, and the
misplacement of certain property, entailed an impediment to the use and enjoyment of
those shares, because the value of the company decreased considerably, and this had an
impact on Mr. Chaparro’s patrimony.
229. Based on the above, the Court finds that the State must compensate Mr.
Chaparro for the financial losses that the depreciation in the value of the company
caused him.
230. However, the only evidence presented on this aspect is the expert appraisal of
Yasmín Kuri González (supra para. 36). Regarding this appraisal, the representatives
made general references, without defining the amount they are requesting as
compensation for this concept and without developing a logical reasoning that would
allow the Court to assess the damage effectively caused. Indeed, the representatives
submitted this evidence, but did not develop a line of reasoning about the expert
appraisal that would allow this Court to understand it and assess it with the rest of the
body of evidence, using sound criticism. The Court finds that this reasoning was required
155
Cf. Case of the Ituango Massacres v. Colombia. Preliminary objection, merits, reparations, and costs.
Judgment of July 1, 2006 Series C No. 148, para. 98, and Case of Goiburú et al. v. Paraguay. Merits,
reparations, and costs. Judgment of September 22, 2006. Series C No. 153, para. 29.
156
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002.
Series C No. 91, para. 43; Case of Cantoral Huamaní and García Santa Cruz, supra note 20, para. 166, and
Case of Escué Zapata, supra note 22, para. 132.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos