107
261. The Court notes that there is not conclusive evidence in the records of the case
that may allow the accurate determination of the earnings of the victims generated by
the activities they developed at the time of their detention. In that respect, and
considering the pension that Urcesino Ramírez-Rojas has been receiving and the
research activities that he had been conducting before his detention, as well as the
circumstances and characteristics of the instant case, the Court awards, in equity, the
amount of US $ 30,000.00 (thirty thousand U.S. dollars) as compensation for loss of
income, to be paid to Urcesino Ramírez-Rojas.
262. As regards Wilson García-Asto, the Court considers, pursuant to the
acknowledgement of facts prior to September 2000 made by the State (supra paras.
52 to 60) and to the evidence submitted in the instant case, that it is proven that at
the time of his detention he was completing his studies in systems engineering and
that he would possibly graduate in 1996, and that at the time the facts occurred he did
not have a stable job, but worked occasionally as a teacher and transcribed documents
with a computer to get some money. In view of the aforesaid, Wilson García-Asto must
receive a compensation for the earnings he would have received during the year after
his detention, as well as for the earnings he would have earned as a systems engineer
during his early professional years in Peru, covering the period of time from the
moment of his detention up to his acquittal. Therefore, the Court awards, in equity, the
amount of US $ 35,000.00 (thirty-five thousand U.S. dollars) as compensation for loss
of income, to be paid to Wilson García-Asto.
b) Consequential damages
263. Taking into consideration the information received, the prior decisions of the
Court, and the facts of the instant case, this Court considers that compensation for
consequential damages must also include the monthly expenses incurred by the
victims and their next of kin during detention to cover meals and other personal
expenses, as well as traveling expenses incurred by the next of kin to visit them at the
different penitentiaries where they were detained. In that respect, the Court deems it
appropriate to award, in equity, the amount of US $ 10,000.00 (ten thousand U.S.
dollars) to be paid to each of the victims, Wilson García-Asto and Urcesino RamírezRojas, as compensation for consequential damages.
C) NON PECUNIARY DAMAGE
Arguments of the Commission
264.
As regards non pecuniary damage, the Commission pointed out the following:
a)
Wilson García-Asto’s next of kin “experience[d] deep moral suffering due
to his arrest, trial, and conviction for the charges stated hereinabove, and for
the detention conditions and the restricted visitation regime […] to which he
was subjected. The family background and the emotional condition of the family
members was so deeply affected that his siblings Elisa and Gustavo were
unable to complete their studies, and suffered from depression and emotional
distress. In spite of this, they visited their brother and supported their mother
Celia who undertook responsibility for his defense;” and
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