not find it necessary to order the additional measures.
D. Compensation
D.1 Pecuniary and non-pecuniary damages
68. The Commission requested "specific compensation for the violation of the guarantee
of reasonable period of time", which "must take into account the harm to his personal wealth
that Mr. Boleso demonstrates [...] as a result of the delay in the judicial process."
69. The representatives requested the payment of USD 5,000.00 (five thousand United
States dollars) in consequential damages for "countless expenditures of money that he had
to make over twenty-one years and four months." In addition, they requested compensation
in equity for the loss of earnings and lost profits caused by "not having received his full salary
in a timely manner." They additionally requested the payment of USD 100,000.00 (one
hundred thousand United States dollars) for non-pecuniary damages for the delay in the
process. They based their request on the impact to Mr. Boleso's life project, since he was
deprived of the opportunity of fulfilling expectations, including “furthering his studies, which
would have enabled him to improve his job prospects, acquire a better house, a car, or simply
save to ensure his future or to deal with unforeseen health needs."
70. Regarding pecuniary damages, the State argued that the claims are not supported by
evidence. Regarding the alleged non-pecuniary damage, it held that there is no evidence, due
to the absence of a violation. It also held that no evidence was provided with respect to Mr.
Boleso's suffering. Regarding the effect on the life project, it argued that "it was not specified
which studies the alleged victim was not able to pursue, the houses or cars he was not able
to buy, or the money he was not able to save, nor the way in which all these situations
affected his future or impacted his unforeseen healthcare needs."
71. This Court has developed the concept of pecuniary damage in its case law and
established that it involves the loss of or detriment to the victims’ income and the monetary
consequences that have a causal nexus with the facts of the case. 59 However, the
representatives did not provide evidence regarding the amounts corresponding to pecuniary
or non-pecuniary damages. The Court therefore establishes, in equity, the sum of
USD 10,000.00 (ten thousand United States dollars) as compensation for the pecuniary and
non-pecuniary damage suffered by Mr. Boleso.
E. Costs and Expenses
72.
The Commission did not address this matter.
73. The representatives argued that for “21 years and 4 months, the petitioner paid all
the expenses inherent to a judicial proceeding, both at the local [...] and inter-American
levels. This included, among other things, the collection of documentary evidence, copies of
the case file, payment of transportation to go to the different courts to verify the status of his
case, and professional fees for his attorney.” Therefore, they requested payment of
USD 20,000.00 (twenty thousand United States dollars) for costs and expenses incurred in
the domestic proceedings.
59
Cf. Case of Bámaca Velásquez v. Guatemala. Merits, Reparations, and Costs, supra, para. 43, and Aguinaga
Aillón v. Ecuador. Merits, Reparations, and Costs. Judgment of January 30, 2023. Series C No. 483, para. 127.
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