46
form part of the controversy in the application of the Commission, which has not been
analyzed in this Judgment. Therefore, this Tribunal shall not pronounce itself on this issue.
B.4)
Publication of the Judgment
220.
The representatives also “requested that the Court shall, as a reparation, order the
publication of its judgment in the Official Gazette of Venezuela and in two nationwide
newspapers.”
221.
As decided by this Tribunal in other cases162, the State shall publish once
paragraphs 2 to 5, 22, 23, 36 to 49, 55 to 58, 62 to 68, 72 to 75, 78 to 88, 92 to 94, 98 to
100, 103, 107 to 120, 124, 128 to 132, 137 to 150, 154 to 157, and 162 of this Judgment,
including the corresponding titles and subtitles, without the footnotes, and its operative
paragraph in the Official Gazette and in another newspaper of broad national circulation.
Additionally, as the Court has ordered in prior Judgments, 163 the present Judgment must be
published in full, for at least one year, in an appropriate official State website, taking into
account the characteristics of the publication ordered. To make the publications in the
newspaper and Internet, the Court fixes terms of six and two months, respectively, as of
the notification of the present Judgment.
C) Indemnification
C.1)
Pecuniary damages
222.
The Court has developed the concept of pecuniary damages and the alleged basis
to indemnify them. 164
223.
The Commission stated that “the Venezuelan State has the obligation to repair the
pecuniary damages resulting from the violations to which Mr. Usón Ramírez was subjected.”
To that end, the Commission alleged that “the victim has had to make financial efforts in
order to […] overcome the consequences that the facts in this case have caused him,
among which, the loss of income due to his imprisonment.”
224.
The representatives indicated that “the pecuniary damages caused in this case, due
to the change in his living conditions, are estimated at US $ 57(3)19[,00] [fifty-seven
thousand three hundred and nineteen U.S. dollars], or its equivalent in national currency,
since the victim was forced to keep two houses, they had to sell their paintings and other
belongings to survive, and they got into debts with third parties. His family had to lower
their standard of living, including adequate food, and they were deprived of many things to
be able to provide for the food, medicine, and garments of Francisco Usón, while he was at
Ramo Verde prison. During his imprisonment, his family had to make additional expenses
162
Cf. Case of Barrios Altos v. Peru. Reparations and Costs. Judgment of November 30, 2001. Series C No.
87, operative paragraph 5.d); Case of Garibaldi, supra note 11, para. 157, and Case of Anzualdo Castro, supra
note 109, para. 194.
163
Cf. Case of de las Hermanas Serrano Cruz v. El Salvador. Merits, Reparations, and Costs. Judgment of
March 1, 2005. Series C No. 120, para. 195; Case of Garibaldi, supra note 11, para. 157, and Case of Escher et al.,
supra note 11, para. 239.
164
This Tribunal has established that the pecuniary damage supposes “the loss or detriment caused of the
income of the victims, the expenses incurred as demonstrated by the facts and the consequences of a pecuniary
nature that have a causal link with the facts of the case.” Case of Bámaca Velásquez v. Guatemala. Reparations,
and Costs. Judgment February 22, 2002. Series C No. 91, para. 43; Case of Garibaldi, supra note 11, para. 182,
and Case of Anzualdo Castro, supra note 109, para. 204.
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