103
B) PECUNIARY DAMAGE
Arguments of the Commission
256.
Regarding pecuniary damage, the Commission pointed out the following:
I) As regards Wilson García-Asto:
a)
Wilson García-Asto lived with his mother, Celia Asto-Urbano, and with
his younger siblings Elisa and Gustavo García-Asto, his father, Napoleón GarcíaAsto, being also part of his family background;
b)
Due to his detention “Wilson García-Asto could not finish his studies in
Systems Engineering at the School of Systems and Industrial Engineering of the
National University of El Callao (Facultad de Ingeniería Industrial y de Sistemas
de la Universidad Nacional del Callao). Wilson García-Asto provided financial
support to his family in many ways and had plans to obtain a university degree
that would allow him to provide a better financial support to his family;”
c)
Wilson García-Asto’s parents and siblings “have incurred expenses
arising from the defense at trial and had to pay for his food, clothes, and
medicine while he was in prison, as well as traveling and food expenses arising
from the visits they made to such distant places as Challapalca and Yanamayo
where he was imprisoned;” and
d)
His release “does not constitute a complete reparation, given the
seriousness of the violations committed against the victim and the time during
which he remained deprived of his liberty.”
II) As regards Urcesino Ramírez-Rojas:
a)
Urcesino Ramírez-Rojas was 47 years old at the time of his detention,
“he was an economist that had just retired from public service due to the
economic incentives offered by the government to civil servants and had
prospects to provide professional advisory services so that he may continue
exercising his profession.” He was single and his family consisted of his mother,
who died in 1996, his siblings Pedro, Julio, Santa, Obdulia, Filomena, Marcelina,
Adela, and Pompeya Ramírez-Rojas, and his son Marco Antonio RamírezÁlvarez;
b)
As a consequence of his detention, “he could not provide professional
services as an economist and did not have any income as he may have
expected to earn by offering the advisory services that he had planned to offer.
He has also been isolated from his son, parents, and siblings; he could not
attend his mother’s funeral; and he could not raise his son, who was brought up
by his sister Filomena and has been deprived of the presence and guidance of a
father. Likewise, his brother Pedro had to cope with his defense before domestic
and international bodies;” and
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