31
151. It is the Court’s view that the specific activities of Mr. Bueno-Alves were not those of
a construction worker but those of a self-employed marble craftsman. Nevertheless, given
the lack of sufficient evidence, which the representative should have furnished to the Court,
the Court will take into consideration the aforementioned official documents and will assess
them together with the rest of the body of evidence, on the basis of sound judgment.
ii)
Work disability
152. The Commission and the representative argued that the damage caused to Mr.
Bueno-Alves is permanent. The representative also stated that the victim has total work
disability. For its part, the State declared that “it cannot be asserted that [the] alleged
[physical] injury amounted to permanent damage.”
153. The State also stated that there are facts related to Mr. Bueno-Alves’ personal and
family life of Mr. Bueno-Alves that were previous to the torture he suffered and which
allegedly created a “preexisting […] mental pathology,” meaning “the predisposing situation
that allowed the traumatic events to have the effect they did and explains the reason
therefor,” and that for “the determination of the psychological damage it is not clear which
specific traumatic event had a decisive bearing on [Mr.] Bueno-Alves’ current pathology.”
154. It has been established that Mr. Bueno-Alves suffers physical and psychological
damage. The medical experts who rendered testimony in the instant case (supra para. 37)
stated that Mr. Bueno-Alves’ hearing disability represents a 0.3 percent hearing impairment
of his left ear and a 16.7 percent impairment of his right ear, with aggregate disability (for
both ears) of 2.35 percent According to the experts, such disability “should not cause him
problems in his everyday life.” The experts stated that, considering his profession, “in the
first months after the trauma, his impaired balance should cause him temporary disability.”
Such impairment in balance has been corrected. The experts consider the hearing
impairment to be permanent. They concluded that “[t]he possibility of continuing to work in
his professional or occupational field after the facts of the instant case occurred was and is
not attributable to physical causes […]. From a physical standpoint there is no information
to believe that he has a disability that may prevent him from engaging in work activities of
a different kind.”
155.
On the other hand, the psychiatric experts stated that Mr. Bueno-Alves
has a delusional disorder, mixed type (with persecutory and grandiose ideas). A major depressive
disorder which is recurrent -in partial remission-, and an adjustment disorder with mixed disturbance
of emotions and conduct. The above disorders have superimposed on a previous personality disorder
[. A]ccording to his biographic history, said personality disorder first manifested itself in his teenage
years. However, the clinical symptoms detected on his present-day examination […] have a direct
causal bearing on the facts described, and are still present. […] The damage suffered had a
psychological impact that has prevented Mr. Bueno-Alves from carrying out his daily activities.
Regarding the degree and percentage of disability, taking into account the global activity for work
and the specific activity for his profession, we have estimated that the impairment is of 65 percent
87
for the former and of 100 percent for the latter.
156. Based on the foregoing, the Court has arrived at the conclusion that Mr. Bueno-Alves
suffered physical work disability in the first months after being tortured. Thereafter, even
though the victim suffered a permanent hearing impairment, especially of his right ear, he
was not physically prevented from resuming profession or taking up a different occupation.
Notwithstanding, he does have total mental disability (100 percent) preventing him from
87
Cf. Expert report (affidavit) by doctors Ravioli, Taragano, Nievas, and Schlenker, record on the merits,
Volume III, folios 1062 and 1063).
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