47
the application, without prejudice to presenting those that explain, clarify or deny the facts
mentioned in the application, or respond to the claims of the plaintiff,” as well as,
exceptionally, supervening facts.210
158. Based on the above, the Court will only consider Yvon Neptune as the injured party
in the terms of Article 63(1) of the American Convention.
B)
a)
COMPENSATION
Pecuniary damage
159. The Court has developed the concept of pecuniary damage and the circumstances
under which it must be compensated.211
160. In the instant case, the representative and Mr. Neptune affirmed that the latter’s wife
traveled from New York to Port-au-Prince on six occasions “to take care of her husband and
help him in his struggle against political persecution”; she spent around US$5,280.00 (five
thousand two hundred and eighty United States dollars), considering that each trip cost
approximately US$880.00 (eight hundred and eighty United States dollars).212 In addition,
Mr. Neptune stated that they had to pay US$20,000.00 (twenty thousand United States
dollars) in taxes and penalties relating to their pension plans, because they had to take
money from these plans to pay the living expenses of Marie Jose Neptune, the mortgage on
the house, and Mr. Neptune’s medical insurance payments, since neither of them could
work.213
161. Taking into account the facts of the case and its case law, the Court observes that,
even though no vouchers for these expenses were provided, it is reasonable to presume
that Mr. Neptune and his wife incurred various expenses owing to his arbitrary detention.
Consequently, the Court finds it pertinent to establish, based on the equity principle, the
sum of US$10,000.00 (ten thousand United States dollars) as compensation for expenses,
which must be paid to Yvon Neptune.
162. In relation to Mr. Neptune’s loss of earnings, the representative requested that, when
determining reparations, the Court should take into consideration “Mr. Neptune’s inability to
work during the 25 months that he was detained, as well as his inability to work for 26
additional months, owing to physical and psychological problems that can be attributed to
his detention and prosecution.”214 In this regard, Mr. Neptune calculated his loss of earning
based on the income he allegedly received as an architect before standing for election to the
Senate of Haiti, and indicated that this was approximately US$96,000.00 (ninety-six
thousand United States dollars) a year. The total amount he claims under this heading is
210
Cf. The “Five Pensioners” v. Perú, supra note 36, paras. 153 and 154; The Saramaka People v. Suriname.
May 11, 2007. Series C No. 164, para. 121.
211
Cf. Aloeboetoe et al. v. Suriname Reparations and costs, supra note 207, paras. 50, 71 and 87; Bámaca
Velásquez v. Guatemala. Reparations and costs, supra note 39, para. 43; Zambrano Vélez et al. v. Ecuador, supra
note 47, para. 138; Escué Zapata v. Colombia, supra note 45, para. 132, and Cantoral Huamaní and García Santa
Cruz v. Perú, supra note 50, para. 166.
212
Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 34 (folio 457).
213
Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 35 (folio 457).
214
Cf. Final written arguments presented by the representatives, supra note 65, para. 84 (folio 287).
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