107
Commission, and such costs as may arise from the prosecution of the case
before the Court.
230. Arguments of the victim’s representatives
a)
Mr. Palamara-Iribarne, the person directly affected by the facts that
constituted a violation of his rights, is to be provided reparation;
b)
regarding compensation for pecuniary damage, the Court was requested
to set an amount based on equitable standards, “on a prudential basis.” In the
instant case, consequential damages consist in “the expenses arising directly
from the loss of the forfeited property.” Furthermore, “compensation must be
awarded for costs related to his loss of tax benefits upon losing his status as a
civil servant hired as contractor;”
c)
regarding non pecuniary damage, the victim’s representatives requested
that the Court set compensation “on a prudential basis” for the damage
suffered by the victim as a result of “being censured, arrested, held in remand
custody, prosecuted in the context of two judicial proceedings that did not
guarantee due process of law, and having a criminal record that still reflects
two criminal convictions.” “Linking non pecuniary damage to pure pain or
suffering sustained by a person as a result of the harm caused excessively
restricts this concept, thus depriving the Inter-American Court of a tool that
allows the reparation of all damage.” The State is under a duty to compensate
for non pecuniary damage caused by the “radical disruption” of the victim’s
family life, as evidenced by his being forced to move far away from his wife and
children, and his incapacity to reenter the job market to practice his profession,
all of which started upon the commencement of the criminal proceeding;
d)
as to the measures of satisfaction and non-repetition guarantees, the
representatives requested that the Court order the State: 1) to adapt its
domestic laws to international standards, in a manner such that military justice
will operate as an exceptional system applicable to the military regarding
crimes committed in the exercise of their duties; 2) to publicly acknowledge its
responsibility for the violation of the victim’s rights, by publication of such
acknowledgement in the “El Mercurio de Valparaíso” newspaper, as well as in
armed-forces publications; 3) to return the books to Mr. Palamara and allow
publication thereof; 4) to remove the effects of the judgments of conviction
rendered against Mr. Palamara-Iribarne, invalidating any and all consequences
thereof;
e)
regarding costs and expenses, the representatives stated that the total
duration of the domestic proceedings was four years, during which Mr.
Palamara-Iribarne incurred expenses arising from the various briefs filed with
the lower courts and the cassation and complaint appeals. Furthermore, they
requested reimbursement of US$ 5,425.27 as costs and expenses incurred by
the representatives;223 and
223
They claim that such amount breaks down into the following expenses: 1) preparation of notarial
copies of witness and expert statements filed with the Inter-American Court: US$ 372.24; 2) telephone,
fax and mail costs: US$ 785.36; 3) air fare, traveling allowance and accommodation for one attorney
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