93
that they left the land also because they were afraid of the frightening acts caused
not only by the local political bosses but also by the military. Additionally, the
representatives requested the reimbursement of transportation expenses and
expenses for visits to the detention centers, especially incurred by the victims’
wives, which, according to the representatives, amounted approximately to US$
1,905.49 American dollars, and together with the loss of their land, it seemed to
have caused damages to the family property.
251. The State pointed out that, in this case, there were no violations of the
Convention, so the compensatory reparations would not be applicable.
Furthermore, since “each and every one of the amounts requested for pecuniary
damages by the petitioners […] result solely and exclusively from the fact that
Messrs. Montiel and Cabrera were imprisoned,” there should not be any ruling for
reparations due to the lack of a causal link. Likewise, the State indicated that
leaving the common land seems to have occurred, as sustained by the victims’
relatives, for fear of the actions adopted by the local political bosses. According to
the State, “the interruption of the victims’ activities [seems to have occurred] due
to their participation in various serious crimes and their flagrant detention” and
“not due to any violation by the Mexican State.”
252. The Court notes that the representatives did not submit any documentary
evidence concerning the alleged consequential damages or the loss of income
suffered by Messrs. Cabrera and Montiel. The main evidence regarding this topic is
testimonial evidence, which is acceptable within the circumstances of the present
case, because the victims worked in the field; this can explain certain degree of
informality. Furthermore, the Court considers that it is foreseeable that the effects
of the violation of the right to humane treatment [personal integrity] caused
several degrees of inactivity for a certain period of time.
253. The representatives only informed about the income of Mr. Montiel Flores,
which was $ 3,300.00 Mexican pesos monthly, i.e. $ 39,600.00 Mexican pesos
annually, equivalent to US$ 2,995.18 American dollars (supra para. 250). However,
it springs from the case file that in his deposition before the Federal Public
Prosecutor, Mr. Cabrera García said his income was, approximately, $ 50 Mexican
pesos daily,354 i.e. $ 18,250.00 Mexican pesos annually, equivalent to US$
1,380.18 American dollars. Based on the foregoing, and taking into account the
violations of the rights suffered by Messrs. Cabrera and Montiel during their
imprisonment and in the judicial proceeding conducted against them, as well as the
fact that they were deprived of their liberty for over two years and a half, this
Court decides to set, in equity, the amount of US$ 5,500.00 (five thousand five
hundred U.S. dollars) or its equivalent in Mexican pesos, as a loss of income. This
amount shall be delivered to Messrs. Cabrera and Montiel, within the term
established by the Court to that end (infra para. 268).
254. As this Tribunal has previously established, the reparations must have a
causal link with the facts of the case, the alleged violations, the proven damages,
as well as with the measures requested to repair the resulting damages (supra
para. 209). Therefore, this Tribunal shall not rule on the arguments of the
representatives that do not respond to the foregoing.
D.2 Non-pecuniary damage
255. The Court has developed in its case law the concept of non-pecuniary
damages and has established that the non-pecuniary damage “may include both
354
Statement of Messrs. Cabrera and Montiel of May 6, 1999, supra note 132, folio 9783.
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