restriction to dispose of, the unavailability of and harm to all his personal and business goods
for the past eighteen years as a consequence of the violation of his rights protected by the
Convention. He indicated that the “amount […] is arrived at from an equitable and reasonable
assessment of consequential damages and lost wages.” He also asked that the State be
obligated to pay Mr. Romero Feris as compensation for the consequences of the non-pecuniary
and moral damages suffered during almost two decades of institutional persecution and
human rights violations the amount of USD 4,500,000.00 (four million five hundred thousand
United States dollars), considering the personal, family, business, social and political qualities
of the alleged victim.
188. The State pointed out that the representative of the alleged victim had included claims
that are not proportionate to a viable legal compensation under the applicable norms. It also
indicated that the representative did not substantiate the claims in such a way that the
amounts could be viewed as applicable to the case.
189. With respect to pecuniary damages, the Court’s case law has held that it presupposes
the loss or a detriment to the income of the victims, the expenses resulting from the events
and the pecuniary consequences that have a causal nexus with the facts of the case.197 The
Court, thus determines it appropriate to order, in equity, the payment of USD 10,000.00 (ten
thousand United States dollars) to Mr. Romero Feris as pecuniary damages.
190. With respect to non-pecuniary damages, the Court’s case law has established that they
may include the suffering and distress caused by the violation as well as the impairment of
values that are highly significant to the victims as well as non-monetary alterations to their
living conditions. Since it is not possible to assign a precise monetary equivalent to nonpecuniary damages, the victims, to be integrally redressed, can only be compensated by a
monetary payment or by the assignment of goods or services that can be assessed
monetarily, as prudently determined by the Court, applying judicial discretion and the
principle of equity.198 In this case, the Court held that the rights of Mr. Romero Feris to
personal liberty and to the presumption of innocence were violated (supra Chapter VI.1).
Therefore, considering the circumstances of this case and the non-pecuniary consequences
that he suffered, the Court deems it appropriate to fix, in equity, as non-pecuniary damages,
the sum equivalent to USD 10,000.00 (ten thousand United States dollars).
B.3. Other measures of reparation requested
191. The Commission requested that the State “[t]ake the necessary measures to ensure
the non-repetition of the violations declared in [its Report on the Merits}.” It specifically asked
that “the State adopt administrative or other measures to ensure strict compliance with the
maximum legal term for pre-trial detention, as well as providing adequate grounds for
ordering it” by the justice operators, in accordance with the standards set out in the Report.
It also asked the Court to order the State to ensure “the availability of adequate and effective
mechanisms to enable persons subjected to criminal proceedings to challenge, in a simple
and rapid manner, the competence, independence and impartiality of the judicial authorities.”
192. The representative requested: (a) a declaration of the absolute nullity of the processes
that comprise the factual framework; (b) the restitution and reestablishment of the rights of
Mr. Romero Feris, such as the right to his personal liberty, or the redress and reparation of
the unjust and arbitrary harm inflicted on his honor, honorability, good name, personal,
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series
C No. 91, para. 43 and Case of Girón et al. v. Guatemala, paras. 125 and 144.
197
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84 and Case of Martínez Coronado v. Guatemala. Merits, Reparations and
Costs. Judgment of May 10, 2019. Series C No. 376, para.114.
198
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