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134. In the instant case, the Commission stated that Mr. Bueno-Alves and his next of kin
were forced to make substantial economic efforts to search for justice and pay for the
necessary psychological treatment, in addition to the fact that the injuries suffered by the
victim prevented him from continuing his activities and work. Moreover, the representative
requested that the Court order the State to compensate the victim on account of the
following: a) “property damage;” b) “loss of earnings;” c) “physical harm” –including both:
i) “resulting disability,” and ii) “medical, pharmaceutical, treatment, and rehabilitation
expenses;” d) “future consequential damages;” and e) “legal defense [and] transfer
expenses.” Next, the Court will analyze each such request. To facilitate this analysis, the
terminology used by the representative will be maintained.
a)
“Property damage”
135. According to the representative, Mr. Bueno-Alves “was to be paid an amount of
money for the cancellation of the sales transaction he had performed” with Mrs. Lage. Said
amount totaled US$ 21,000.00 (twenty-one thousand United States dollars). Allegedly, said
amount of money had been seized by the State and “was never reimbursed.” The
representative also claimed for “compensatory interest” up to June 30, 2006, and requested
that the State pay a total sum of US$ 309,353.40 (three hundred nine thousand three
hundred and fifty-three United States dollars and forty cents).
136. The State argued, inter alia, that “said claim could not be a part of the compensation
sought from the State […], as the transaction was the result [of] an act between private
parties […] in which the State had not been involved.”
137. In this regard, it should be noted that in the domestic proceedings it was not proven
that Mr. Bueno-Alves had been the victim of a crime on account of the failed real estate
purchase and sale transaction, or that Mr. Bueno-Alves had been entitled to any
reimbursement for such failed transaction. Even on the assumption that reimbursement of
the amount allegedly paid by Mr. Bueno-Alves was due to him, said obligation would fall on
whoever was actually paid the money, not the State. Likewise, the Court has found no
evidence that the amount claimed was seized by State agents. Therefore, the
representative’s claims for “property damages” are inadmissible.
b)
“Loss of earnings”
138. The representative argued that “[t]he consequences of the injuries suffered by the
victim, both physical and psychological, put an end to [the] work activity [of Mr. BuenoAlves,] as his disability turned from partial to total, which prevented him from earning any
sort of income required to support his family.” The representative based the calculation of
damages for loss of earnings on the alleged income generated by Mr. Bueno-Alves, and
requested that the amount due be computed from January 12, 1988 to the age of
retirement provided by the Argentine legislation, which is 65 years of age for men. The
total sum sought as compensation on this account amounts to US$ 15,689,696.00 (fifteen
million six hundred eighty-nine thousand six hundred and ninety-six United States dollars).
139. In its closing written arguments, the State pointed out that it “definitely
acknowledges that Mr. Bueno-Alves is legally entitled to reparations in accordance with the
extent of his disability, as determined by the expert reports, all in line with such liability as
[the] Court may consider attributable to the State.”
140. Thus, the Court understands that there is no controversy between the parties as to
the fact that Mr. Bueno-Alves must be compensated for the work disability that resulted
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