63
the United States of America) in favor of Mr. Alfredo López Álvarez, for loss of income,
which must be given to him by the State.
b)
Emerging damage
195. Considering the facts of the case, the information received, and its established
jurisprudence, this Tribunal estimates that the compensation for pecuniary damage
must also include:
a)
an amount of money corresponding to the expenses made by Mrs.
Teresa Reyes Reyes to travel to the Criminal Center of Tela and later to the
National Penitentiary of Támara, to visit Mr. Alfredo López Álvarez, as well as
the expenses related with her food, lodging, and telephone calls (supra para.
54(52)). In this respect, the Court considers it correct to set in equity the
amount of US$2,000.00 (two thousand Dollars of the United States of America)
as compensation, which must be paid to her, and
b)
an amount of money corresponding to the expenses incurred in by Mrs.
Alba Luz García Álvarez, Rina Maribel García Álvarez, and Marcia Migdali García
Álvarez and by Mr. Joel Enrique García Álvarez, for the concept of transfers,
food, and lodging to visit their brother Alfredo López Álvarez in the criminal
centers of Tela and Támara (supra para. 54(52)). In this point, the Court
considers it pertinent to set in equity the amount of US$8,000.00 (eight
thousand dollars of the United States of America) that must be distributed in
equal parts between the mentioned ladies Alba Luz, Rina Maribel, and Marcia
Migdali, and Mr. Joel Enrique, all of them García Álvarez, as compensation for
this concept. The amounts set must be handed over to each of them, as
established.
C)
196.
NON-PECUNIARY DAMAGES
Arguments of the Commission:
It requested that the Court pay a just compensation for non-pecuniary
damages.
197.
Arguments of the representatives:
a)
regarding the non-pecuniary damages they stated:
i)
the reparation must consider the victim’s sufferings due to the
humiliations against his physical and emotional integrity, suffered while
he was detained, the prohibition to express himself in his native
language, the separation from his family, and his arbitrary transfer to a
detention center located further away. Likewise, the process started
against the alleged victim for the alleged criminal offense of possession
and trafficking of narcotics, without any grounds, caused damages to his
honor and reputation, which must be repaired by the State;
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