40
condition. Furthermore, although it has been established that the injuries to his feet and the
loss of his teeth were not caused by the torture and ill-treatment that the victim received
during his detention, it is reasonable to conclude, based on the opinion of the expert witness
(supra para. 137), that adequate and timely care while he was deprived of liberty would
have avoided or lessened the current lesions. Furthermore, based on the psychological
appraisals of the expert witnesses, Susana E. Quiroga and Aviel Tolcacher, as well as the
testimony given by the victim in this case, the Court finds that the existence of
psychological damage deriving from the violations of the American Convention to which Mr.
Bayarri was subjected has been proved.
140. The State alleged that Mr. Bayarri’s “possible physical or psychological complaints”
were treated by the medical and psychiatric services of the establishment where he was
interned. However, the State did not provide any evidence in this regard. The State also
denied that the corrective ear surgery alleged by the representatives had been performed.
Nevertheless, Dr. Juan Carlos Ziella, the expert witness offered by the State indicated that
“the surgical intervention on the right ear was evident […] although more than 12 years had
passed since the corrective surgery.”134 Dr. Garré also referred to an operation carried out
on Mr. Bayarri “[o]nly four years after” his entry into the Federal Penitentiary Service owing
to a slight hearing problem.135
141. The Court observes that Mr. Bayarri received medical and psychological care, as a
result of the injuries mentioned in this case. However, based on the evidence in the case
file, the Court is unable to quantify precisely the amount that Mr. Bayarri and his next of kin
have disbursed. Consequently, and taking into account the time that has elapsed, the Court
establishes, in equity, the sum of US$18,000.00 (eighteen thousand United States dollars),
which must be paid by the State to Mr. Bayarri for reimbursement of expenditure for
medical and psychological treatment.
142. In addition, based on the above, it can be concluded that Mr. Bayarri’s physical and
psychological problems subsist to this day. As it has on other occasions,136 the Court intends
to establish compensation that includes future expenditure for psychological treatment,
Considering the circumstances and specific needs of the victim, as described by the expert
witnesses, the Court finds that it is reasonable to deliver to him the sum of US$22,000.00
(twenty-two thousand United States dollars) for future expenses for psychological care.
143. Furthermore, the State must provide free of charge and for the necessary time, the
medical and odontological care required by Juan Carlos Bayarri in relation to the injuries
that have been established in this judgment. The State must ensure that Mr. Bayarri is
treated immediately and that he is granted all the necessary facilities.
ii) Loss of income
144. The representatives argued that, before his detention, the victim was “[a]
prosperous businessman in the automobile sector with a monthly income of approximately
US$7,500.00 [seven thousand five hundred United States dollars] and suddenly he was
prevented from carrying on this activity definitively as a result of being deprived of his
liberty, and [that], since he recovered his liberty, because he was morally and spiritually
destroyed, intimidated, fearful and in bad repute with society and his neighbors because he
134
Cf. written expert appraisal provided by Dr. Juan Carlos Ziella (merits file, tome V, folio 1047).
135
Cf. written expert appraisal provided by Dr. Luis Eduardo Garré during the public hearing, supra para. 7.
136
Cf. case of Bulacio, supra note 49, para. 100; case of Tibi, supra note 51, para. 249; and case of Bueno
Alves, supra note 70, para. 189.