37 186. Regarding “future consequential damages,” the representative held that Mr. BuenoAlves “will have to undergo permanent medical [and] psychological treatment.” The representative further stated that, according to her estimates, the State should cover 15 percent of the sum claimed as compensation for “physical damage,” which would amount to US$ 235,345.44 (two hundred thirty-five thousand three hundred forty-five United States dollars and forty-four cents). 187. The State “di[d] not question the validity of this item insofar as [in] prior cases the Court has held it to be valid,” but questioned the amounts estimated made by the representative. 188. The evidence filed with the Court shows that Mr. Bueno-Alves will have to undergo medical and psychological treatment in the future, as a consequence of the injuries caused by torture and the consequences thereof, which were compounded by the lack of judicial relief. Specifically, medical expert witnesses pointed out that “the heart and coronary risk factors he suffers require and will require medical examinations,” while psychiatric expert witnesses declared that “it is advisable that he continue under psychiatric, psychological treatment […], which he will have to undergo for life.” 189. Therefore, the Court considers, as it has in prior cases,92 that compensation should include future expenses for medical and psychological treatment. Notwithstanding, the Court finds no reason to estimate the compensatory amount due under this item on the basis of the percentage referred to above by the representative. Such estimate has no direct bearing on the costs which future specialized treatment and medical assistance will imply for Mr. Bueno-Alves. The basis for estimating an approximate amount for future expenses must be the expenses incurred in the past and the expenses currently incurred, as well as the characteristics of the injuries and suffering inflicted upon the victim. As stated in paragraph 185, no sufficient evidence has been submitted to the Court which proves the expenses which have already been incurred by Mr. Bueno-Alves; therefore, it cannot possibly calculate an accurate amount for future expenses. 190. In view of the foregoing, the Court sets in equity the amount of US$ 45,000.00 (forty-five thousand United States dollars) to be paid by the State to Mr. Bueno-Alves as future expenses for medical and psychological treatment. e) Defense and transfer expenses 191. The representative considered that the State must pay US$ 4,625,925.60 (four million six hundred and twenty-five thousand nine hundred twenty-five United States dollars and sixty cents) for the “numerous […] [m]inisterial and [j]udicial steps that had to be [taken] as a consequence of the fabrication of a proceeding, charging the [v]ictim with the commission of false and non-existing crimes, which has implied the payment of significant sums of money as professional fees for legal representation and advice, in addition to the expenses resulting from the proceedings.” Likewise, she pointed out that “seizures have been levied upon Mr. Bueno-Alves’ property as a result of the appeals filed before the Supreme Court of Justice of the Republic, since he could not afford to pay the amounts set as judicial deposits.” Finally, she pointed out that the remedies sought from the Commission and the Court have generated expenses for Mr. Bueno-Alves. 192. 92 The State questioned this claim made by the representative in its entirety. Cf. Case of Tibi, supra note 43, para. 249; Case of Molina-Theissen. Judgment of May 4, 2004. Series C No. 106, para. 71; and Case of Myrna Mack-Chang. Judgment of November 25, 2003. Series C No. 101, para. 266.

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