establishes that the State must pay him, in fairness, the amount of USD$20,000.00
(twenty thousand United States dollars) for consequential damage.
194. The Court considers that it is not appropriate to order a measure of reparation
for pecuniary damage to the detriment of Carlos Nicolás Pérez Lapentti, Carlos Eduardo
Pérez Barriga and César Enrique Pérez Barriga, since the existence of an impairment to
the assets was not demonstrated for these victims.
F.1.2. Non-pecuniary damage
195. The Commission requested that the State compensate Emilio Palacio, Carlos
Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga and César Enrique Pérez Barriga for
the pecuniary and non-pecuniary damages caused by the violations established in the Merits
Report.
196. The representatives indicated that Mr. Palacio Urrutia saw his personal and
professional life project curtailed, for which they requested that compensation be granted
for non-pecuniary damage of USD$50,000.00 (fifty thousand United States dollars).
Regarding the remaining victims, the representatives stated that compensation for nonpecuniary damage of USD$10,000.00 (ten thousand United States dollars) should be
established.
197. The State maintained that it has not been proven that Mr. Palacio Urrutia’s
departure from Ecuador was forced, therefore, the alleged non-pecuniary damage cannot
be assumed by the State. In relation to the non-pecuniary damage to the directors of El
Universo, the State asked the Court to take into account the provisions in the Case of
Granier et al. v. Venezuela.
198. The Court has developed the concept of non-pecuniary damage and has
established that this “can include both the suffering and affliction caused to the direct
victim and their relatives, detriment to values that are very significant for individuals, as
well as non-monetary alterations in the conditions of existence of the victim or the
victim’s family”. 242
199. In this regard, considering the circumstances of this case, the damages caused
and the violations committed, as well as the remaining immaterial consequences
suffered, the Court deems it pertinent to establish, in equity, compensation equivalent
to USD $30,000.00 (thirty thousand United States dollars) for Emilio Palacio Urrutia, and
USD $20,000.00 (twenty thousand United States dollars) for each of the following
persons: Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga and César Enrique
Pérez Barriga.
G. Costs and expenses
200. The representatives stated that the amount invested by the victims in the
domestic criminal proceeding was USD$2,252,937.67 (two million, two hundred and fiftytwo thousand, nine hundred and thirty-seven million United States dollars). In this sense,
they asked the Court, taking into account the complexity of the legal defense, to estimate
the amount corresponding to costs and expenses. The victims stated that they reserve the
242
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs, par. 56, and Case of Manuela et al. v.
El Salvador, supra, par. 307.
61
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