B.3. Other measures requested
128. The Commission asked that the State ensure the existence and implementation of
effective judicial remedies to address reports of police abuse in the context of their authority
to stop and search. The representatives asked that the State annul the judgments convicting
Mr. Fernández Prieto and Mr. Tumbeiro. They asked that the State verify that the sentences
imposed following the domestic proceedings not be included as a criminal record in the
National Registry of Reoffenders or in any other public records or, if applicable, that any
annotation of this type be eliminated. They also asked that the State make a “marginal
annotation” in the decisions of the Supreme Court of Justice concerning the two cases
indicating that these rulings and the proceedings that led to them had been declared
incompatible with the American Convention. The State did not comment on these measures.
129. The Court considers that, in this case, the absence of available judicial remedies has
not been proved, but rather their inadequate response to the violations of the rights of Messrs.
Fernández Prieto and Tumbeiro. Thus, the Court considers that it is not appropriate to order
the creation of new judicial remedies. Regarding the measure requested by the
representatives, the Court notes that the rights of Messrs. Fernández Prieto and Tumbeiro are
no longer being violated by the police, administrative or judicial records owing to the
proceedings followed against them. Consequently, the Court considers that the delivery of this
judgment and the reparations ordered herein are sufficient and appropriate; therefore, the
said measure is not granted.
C.
Compensation
C.1.
Pecuniary damage
130. The Commission asked that the State make full reparation, both pecuniary and nonpecuniary, for the human rights violations. It added that, to this end, it should be taken into
account that both the initial stop and search procedure, and the subsequent judicial
proceedings, pre-trial detention and criminal conviction were not in keeping with the
requirements of the American Convention. It affirmed that all these facts took place based on
the initial procedures carried out by the police officers.
131. The representatives requested monetary reparation for pecuniary and non-pecuniary
damage. Regarding compensation for pecuniary damage, consequential damage and loss of
earnings, they indicated that the time that had elapsed from the arbitrary police detentions to
date, as well as the death of Mr. Tumbeiro, made it difficult to calculate the items to be
compensated appropriately. However, they argued that, previously, the Court had accepted
to provide compensation for this item under the principle of equity even in the absence of
vouchers to support it. They indicated that the following should be assessed in the case of Mr.
Fernández Pietro: (a) the harm derived from the impossibility of obtaining employment while
he was in detention and subsequently, and (b) his loss of earnings as a result of his criminal
conviction. With regard to Mr. Tumbeiro, they indicated that the Court should take into
account: (a) the sum disbursed to pay the fine included in his sentence, equivalent to 150
pesos, and (b) the expenses he incurred while seeking a place to carry out his community
service, and the consequent time he was unable to carry out his usual work. Based on the
foregoing, they requested payment of monetary compensation to the victims, to be
determined based on the age, training and activities of the victims at the time of the facts.
The State did not comment on this measure.
132. In its case law, this Court has developed the concept that pecuniary damage supposes
the loss of, or detriment to, the income of the victims, the expenses incurred as a result of
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