served an undeserved prison term of 54 months. Therefore, the victim considers that the compensation amount should be set by the Court. 246. The State considered that such infringement has not been proven, nor is this a grave human rights violation or intended infringement of any core human right explicitly included and protected by Article 27 of the Convention. Moreover, the alleged physical and psychological mistreatment of the victim has not been previously claimed in other stages of these supranational proceedings; thus, it is definitely not part of the controversy in the instant case. 247. The Court has developed in its jurisprudence the concept of nonpecuniary damages, and it has established that it “may include both the suffering and distress caused to the direct victims and their next of kin, and the impairment of values that are highly significant to them, as well as non-monetary alterations in their living conditions.203 248. Regarding nonpecuniary damages, the Court takes into consideration that Mr. Rosadio Villavicencio was declared victim of the violation of his right to judicial guarantees and right to personal liberty. These violations resulted in two sentences already served that had different psychological, social and emotional effects, which was confirmed by the statement given by the victim in the public hearing before this Court. 204 249. As a result of these violations, the Court orders, in equity, a compensation for nonpecuniary damages and damage to the life project of the victim the amount of USD 20,000.00 (twenty thousand US dollars). F. Costs and expenses 250. The Commission did not refer to this point. The representative indicated that the alleged victim incurred in various expenses related to the judicial proceedings such as hiring attorneys, transport expenses, tickets and per diem of the attorneys, lodging in the city of Lima, among other administrative expenses (telephone, printing, photocopies, etc.), which due to their nature are not documented. Therefore, they asked the Court to assume, as it has been done other cases, that the expenses incurred amount to approximately USD 2,000.00. It clarified that these expenses do not include any future expenses to be incurred during the rest of the proceedings before the Inter-American Court. 251. The State noted that the representative does not have any receipts or proof to support the claimed expenses; therefore, it asked that these be considered not proven. Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment of May 26, 2001. Series C No. 77, para. 84, and Case of Rodríguez Revolorio et al. v. Guatemala, supra, para. 171. 204 During the hearing, Mr. Jorge Enrique Rosadio Villavicencio expressed “the consequences and impact on his personal life, work life, family life and social environment” of the facts denounced, indicating that “in the personal aspect, I [have become] somewhat insecure, based on the fact that it was in the press several times, in newspapers of nationwide circulation, that I was a corrupt intelligence officer, which marked me before society and this had repercussions in my personal life[;][ …] in my work life, because I was quickly fired from any jobs I was able to get, [or] they found out that I had criminal and judicial records, so I ended up getting fired; otherwise, I had maybe one year working for a company and they began checking my background and I already knew that they would find so I would resign. Therefore, this strongly affected me economically and emotionally, which has prevented me from being able to have a family […]. In the social sphere, well… for example, since I studied at Leoncio Prado Military School, they hold annual gatherings to which I had to stop going because I truly felt bad. It was similar with friends from military school, since I was no longer able to attend those gatherings. Now, the worst part is that even though the State already authorized the annulment of the judicial and criminal papers in 2006, in 2016 I was offered an important position with a mining company and I was later told that I had judicial records, meaning that they had not been erased; therefore, from all of the job positions that I applied for, I was unable to get anything […]. I [l]ost many opportunities because of this.” (Statement given by Jorge Rosadio Villavicencio during the public hearing at the Inter-American Court, held on February 6, 2019). 203 54

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