purchase of private insurance in the United States of America and (d) tax on the outflow of
foreign currency from his family during the years 2011 to 2016. Compensation was also
requested for other expenses incurred, such as (e) books lost due to his forced exile, travel
expenses, medical expenses not covered, and (f) investment in new means to carry out his
work. Due to the above, they requested compensation of USD$1,845,281.94 (one million,
eight hundred and forty-five thousand, two hundred and eighty-one United States dollars).
189. Regarding Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga and César
Enrique Pérez Barriga, the representatives stated that the material damage they suffered
must be repaired in their capacity as shareholders of El Universo, which requires
technical studies that transcend the work and expertise of a human rights court.
Therefore, they requested that an arbitration court be established, with the required
experience, to set the amount of compensation for the damages incurred to the
detriment of the shareholders and directors of El Universo newspaper.
190. The State indicated that the representatives did not provide evidence that proves
Mr. Palacio Urrutia's salary, and that the victim left his job voluntarily, therefore, he is not
entitled to compensation for pecuniary damage. The State declared that, in the event that
reparation for pecuniary damage is determined, it should be limited to the time frame of
the events. Similarly, the State expressed that there is no causal link between the facts of
the case and the sale of Mr. Palacio Urrutia's property, or any other expenses that may
have arisen from his departure from the country. Regarding the request related to the
directors of El Universo, the State stated that the company El Universo was not affected, so
a measure of reparation or the requirement that an arbitration tribunal determine the
alleged damage is not appropriate.
191. The Court has developed in its case law the concept of pecuniary damage and has
established that this supposes “the loss or detriment to the victims’ income, the expenses
incurred as a result of the facts and the consequences of a pecuniary nature that have a
causal link with the facts of the case”. 241
192. In relation to the loss of earnings or loss of income, the Court observes that there
is not enough information to determine the income that Mr. Palacio Urrutia effectively
stopped receiving due to his resignation from El Universo, nor about the real economic
impact that this had on his assets by having to practice his profession from the United
States. Notwithstanding the foregoing, the Court considers that, considering the
circumstances in which he left his job (supra par. 157 to 159), which forced his departure
from the country, the victim found himself in a situation that affected his condition and
employment opportunities, and that made it impossible for him to return to the country
during the period between 2011 and 2017. Consequently, the Court finds it pertinent to
award, in equity, an amount of USD$250,000.00 (two hundred and fifty thousand United
State dollars) for loss of earnings in favor of Mr. Palacio Urrutia.
193. The Court observes that Mr. Palacio Urrutia incurred additional expenses that
arose from the need to leave Ecuador to relocate to the United States of America.
Although the State cannot be held responsible for all the expenses that could have been
generated by reason of said transfer, it is evident that it generated expenses that had
to be assumed by Mr. Palacio Urrutia and that have a direct connection with the
circumstances that motivated his departure from the country. Consequently, the Court
241
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series
C No. 91, par. 43, and Case of Cuya Lavy et al. v. Perú, supra, par. 211.
60
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