65
the sentence imposed for a punishment in accordance with the guilt of the
accused; and
z) take the necessary measures, of fact and of law, so that the Guatemalan legal
system complies with the procedural requirements established in the national
and international norms on human rights. It must also strengthen the
Institute of Criminal Court Appointed Defense Counsel and approve an
adequate budget for the public defender system.
In relation to the expenses and costs
aa) the stipulations of Guatemala’s internal legislation must be applied for the
calculation of professional fees of the lawyers that have represented Mr.
Fermín Ramírez; and
bb) the Institute of Public Criminal Defense Services and the Institute of
Compared Studies in Criminal Sciences have incurred in expenses related to
the case before the national and international jurisdiction. The State must
compensate them for these expenditures, which amount to $11,520.30
(eleven thousand five hundred and twenty United States dollars with thirty
cents).
Arguments of the State
127.
In general, it stated that there is no right to reparations in the present case.
Considerations of the Court
128. The Court has determined that the State violated in detriment of Mr. Fermín
Ramírez the rights enshrined in Articles 8(2)(b), 8(2)(c), 4(6), 5(1), and 5(2), in
relation with Article 1(1) of the American Convention, and Articles 4(6) and 9 in
relation with Article 2 of the same instrument.
A) PECUNIARY AND NON-PECUNIARY DAMAGES
129. Pecuniary damage assumes the loss or detriment of the victim’s income, the
expenses incurred in virtue of the facts, and the pecuniary consequences that have a
causal link to the violations.107 On the other hand, non-pecuniary damages may
include both suffering and affliction caused to the victims of violations of human
rights and their next of kin, such as detriment to very significant personal values or
their conditions of existence.108
107
Cfr. Case of Huilca Tecse, supra note 102, para. 93; and Case of the Serrano Cruz Sisters, supra
note 3, para. 150; and Case of “Juvenile Reeducation Institute”, supra note 8, para. 283.
108
Cfr. Case of Caesar, supra note 3, para. 125; Case of Huilca Tecse, supra note 102, para. 96;
and Case of the Serrano Cruz Sisters, supra note 3, para. 156.
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