date, this has prevented their incorporation as psychologists in an academic establishment or an
institution providing psychology services, which has had an impact on their possibility of
receiving adequate remuneration. Similarly, the representatives added that, owing to the
circumstances of the case, they were unable to prepare their doctoral theses, thus preventing
them from increasing their professional status. They added that the Referential Tariffs for the
Professional Practice of Clinical Psychology drawn up by the Psychologists Professional
Association of Chile provided objective parameters for quantifying the compensation in this area
and, based on this, a fair, equitable and reasonable amount – for compensation and for
purposes of integral reparation – would be payment of US$70,000.00 to each of them for loss of
earnings.
274. For its part, the State indicated that all the members of the Pacheco Tineo family were
alive, that none of them has been declared unable to work, and “that they are not disappeared.”
In any case, it indicated that the facts that originated the presumed violations occurred in Peru
and that the Court should take this fact into account if it ordered the payment of pecuniary
damages for this concept.
b) Consequential damage
275. The representatives indicated that, as a result of the violations of the American
Convention, the Pacheco Tineo family had had to face successive disbursements, including: (a)
the expenses they had to incur and continue incurring to recover and legalize their professional
diplomas, their personal documentation, and doctoral thesis documents that had been seized by
the Bolivian State’s authorities and that involved expensive and reiterated visits to their country
of origin, and (b) the medical expenses for the health care, treatments and transport of the
children. They added that, in this case, the different circumstances described have required
time, money and efforts that have affected the assets of the Pacheco Tineo family.
Consequently, the representatives asked the Court to establish compensation of US$60,000.00
(sixty thousand United States dollars) for consequential damage for the Pacheco Tineo family.
276. The State asked the Court to reject the claim for supposed consequential damages
arguing that the facts that supposedly originated the presumed violations occurred in Peru, and
that the Court should take this fact into account if it ordered the payment of pecuniary damages
under this heading.
D.2. Non-pecuniary damage
277. The representatives indicated that the compensation requested was “based on the
emotional sufferings, manifested in the anxiety, anguish, uncertainty, expectations and
frustration they underwent by not being recognized as refugees and the consequent expulsion
from Bolivian territory.” In particular, they indicated that “the […] State’s actions increased the
severe physical, psychological and emotional harm to the Pacheco Tineo couple and had a
dramatic impact on their life project, stigmatized by the epithet “expelled” on their respective
passports and in the records of the State of Bolivia.” Similarly, they indicated that this harm had
an even greater impact on their three children, particularly Frida Edith and Juana Guadalupe,
who were “direct and defenseless witnesses” of the events of which their parents were victims
at the time of the expulsion, to which is added the fact that they accompanied their parents for
more than a week at the prison where they had been deprived of liberty. They added that the
separation of the children from their parents “had caused them great anguish, because they
thought that they were losing them.” Thus, the representatives observed that “all this supposed
immeasurable harm and unpredictable consequences in the course of the children’s life cycle
and, even today, affects them.”
278. Based on the foregoing, they asked that, in view of the seriousness of the facts
denounced and the intense suffering caused to those they represent, the Court order for
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