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).

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos