f)
Regarding Alfonso Patricio Vinueza Pánchez, it indicated that he had incurred
expenses for his defense counsel during the proceedings, which had cost him more that he
had expected because, at a certain moment, he had to substitute the initial defense counsel
because he was not being defended satisfactorily. In addition, he had to pay for travel and
maintenance costs during his detention. The State considered that he had not provided
sufficient evidence with regard to consequential damage; he had failed to provide invoices
or vouchers proving the alleged expenses.
175. Regarding loss of earnings, in the case of all the victims, the State argued the impossibility
of assessing the compensation objectively, because the items were based on hypothetical or possible
situations. In all cases, the State indicated the payments received by the victims based on their life
pension due to retirement, which included coverage for illness or maternity, and an elective life
insurance.161 Those payments exceeded the current general minimum living wage in the country
which was US$400.00 (four hundred United States dollars).
D.1 Pecuniary damage
176. In its case law, the Court has developed the concept that pecuniary damage supposes the
loss of, or detriment to, the income of the victims, the expenses incurred owing to the facts, and
the consequences of a pecuniary nature that have a causal nexus with the facts of the case. 162
177. Regarding pecuniary damage, the representative failed to present vouchers relating to the
expenses incurred by the victims under the heading of consequential damage. Also, in the case of
loss of earnings, he failed to present reliable documentation that would have allowed the Court to
make an exact assessment of the situation of each victim.
178. The State and the representative advised that, during their detention and the proceedings,
Messrs. Villarroel Merino and Cevallos Moreno were in reserve retirement. In this regard, the
representative indicated that, according to the Law on National Police Personnel, “they had already
met the requirements of rank and time within the Institution and were beneficiaries of the right
established in the Social Security Law of the National Police.”
179. The State and the representative also reported that Messrs. López Ortiz, Coloma Gaibor,
Ascázubi Albán and Vinueza Pánchez were on active duty at the time of the facts and continued to
receive their remunerations; after they had been acquitted they were reincorporated into active
service. The representative added that, according “to art[icle] 60 of the Law of Police Personnel in
force at the time of the criminal proceedings, members of the police who were placed in a provisional
situation did not lose the rights established for active members of the institution; consequently,
they enjoyed the benefits of remuneration and job security while the [trial] had not been decided
against the defendant.” Lastly, the representative indicated that none of the victims had received
any type of remuneration, compensation, proportionate payments or other benefits other than those
established in the law on the retirement pension that had been cited.
Mr. López Ortiz received his pension based on the rank of District General starting on June 9, 2006. Mr. Villarroel
Merino received his pension based on the rank of Senior General Superior starting on January 30, 2000. Mr. Cevallos Moreno
received his pension based on the rank of General Inspector starting on October 12, 2001. Mr. Ascázubi Albán received his
pension based on the rank of District General starting on June 9, 2006. Mr. Coloma Gaibor received his pension based on
the rank of Police Staff Colonel starting on August 29, 2009. Mr. Vinueza Pánchez received his pension based on the rank of
Police Staff Colonel starting on July 14, 2010.
161
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No.
91, para. 43, and Case of Grijalva Bueno v. Ecuador, supra, para. 185.
162
44