13
f)
the embargoes that were decreed were executed as part of a right that
corresponds to any jurisdictional instance, as a precautionary measure to
ensure the execution of a subsequent result of the proceeding, and should not
be considered pecuniary damage; and
g)
the tax debt to the Office of the National Tax Administration
Superintendency was in existence before Mr. Cesti was detained and could
have been paid, taking into account the annual income that Mr. Cesti “said he
received”; also, this debt arose from how the company, Top Security was
managed, and, therefore, bore no relation to Mr. Cesti’s imprisonment.
46.
The Court takes note of the statements by the victim and the Commission
that the violations that occurred in the instant case justify making reparation to Mr.
Cesti for pecuniary damage. However, in view of the particularities of this case and
the nature of the reparations requested, this Court considers that they should be
determined by the mechanisms established in the domestic laws. The internal courts
or the specialized national institutions have specific knowledge of the branch of
activity to which the victim was dedicated. Taking into consideration the specificity
of the reparations requested and also the characteristics of commercial and company
law and the commercial operations involved, the Court considers that this
determination corresponds to the said national institutions rather than to an
international human rights tribunal.
47.
In view of the foregoing, it is appropriate to order the State to compensate
the victim for the pecuniary damage that the violations declared in the judgment on
merits caused him, taking into account, within the circumstances of the instant case,
the elements that normally constitute pecuniary damage; and that it is appropriate
to establish the corresponding compensatory amounts, following the pertinent
national norms, so that the victim will receive them within a reasonable period.
B) NON-PECUNIARY DAMAGE
48.
The victim indicated that the three years of “undue, distressing and cruel
detention, together with the permanent uncertainty and tension that the fact that
[...] the motives for his liberation [were] not explained [... had] generate[d in him]”
caused him to live “with the anguish of uncertainty based on the arbitrariness of the
proceedings against him”, all of which had caused very severe psychological damage
from which he has still not recovered. He therefore requested the sum of US$
20,000,000.00 (twenty million United States dollars) for non-pecuniary damage. In
the same way, he indicated that his family had been constantly harassed, threatened
and humiliated, and attempts had been made on their lives during recent years and,
accordingly, he requested the following amounts:
•
US$ 2,000,000.00 (two million United States dollars) for his wife,
Carmen Cardó Guarderas de Cesti;
•
US$ 1,000,000.00 (one million United States dollars) for his daughter,
Margarita del Carmen Cesti Cardó de Lama;
•
US$ 1,000,000.00 (one million United States dollars) for his son,
Gustavo Guillermo Cesti Cardó;
•
US$ 500,000.00 (five hundred thousand United States dollars) for his
mother-in-law, Judith Guarderas Cardó de Cardó; and
•
US$ 500,000.00 (five hundred thousand United States dollars) for his
father, Gustavo Aurelio Cesti Ackermann.