44
159.
Based on the above, the Court orders the State to return the sum confiscated during
the search and when Mr. Bayarri was detained. This amounts to US$2,113.00 (two
thousand one hundred and thirteen United States dollars). The Court assesses the time that
has elapsed since the confiscation of the money and the financial prejudice caused to Mr.
Bayarri and therefore decides to grant, in equity, a total of US$5,000.00 (five thousand
United States dollars) for this concept.
*
*
*
160. The representatives also requested compensation for “lost opportunities” (derecho de
chance); in other words, for “[t]he thwarted right of [Mr. Bayarri] to improve his
commercial activities and increase his patrimony.” In addition, during the public hearing and
in their final written arguments, the representatives requested the application of the
“mechanism […] of punitive damages”; in other words, that the total compensation be
increased “based on the State’s attitude of denying [Mr.] Bayarri’s rights” and “in order to
ensure the non-repetition of conduct such as that perpetrated against [Mr. Bayarri and his
family].” The representatives requested a 30% increase.
161. In this regard, the Court reiterates the compensatory nature of the indemnity;146 its
nature and amount depends on the damage that has been caused, and it should not make
the victims or their successors either richer or poorer.147 Moreover, the Court has rejected
claims for exemplary or dissuasive compensation.148 Therefore, the Court considers these
claims inadmissible.
*
*
*
162. In their final written arguments, the representatives referred to “new physical,
motor, functional and esthetic injuries” that Mr. Bayarri apparently suffers and,
consequently, asked for compensation in this regard. The representatives alleged that the
victim “is suffering esthetic damage owing to disfigurement of his face as a result of the
torture inflicted on him; [he has] a significant scar on the frontal part of his nose, resulting
from injuries that were not treated properly while he was detained […].” They also indicated
that, on Mr. Bayarri’s return “from Tegucigalpa [after the public hearing held in the instant
case,] he developed a gastric ulcer and also a severe heart problem […].” In this regard, the
Court observes that the request concerning the presumed disfiguring lesion of the face is
time-barred. Regarding the gastric ulcer and the heart problem, even though these ailments
were confirmed by the expert appraisal carried out by Dr. Juan Carlos Ziella,149 the Court
does not have any elements that allow it to verify the relationship of cause and effect of
these ailments with the facts of the instant case. Consequently, the Court will not assess
these claims.
163. The State must pay the compensation for pecuniary damage directly to Mr. Bayarri,
within one year of notification of this judgment, in the terms of paragraphs 195 to 199 infra.
146
Cf. case of Velásquez Rodríguez, supra note 119, para. 38; case of Garrido and Baigorria, supra note 122,
para. 47.
147
Cf. The “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of May 25,
2001. Series C No. 76, para. 79; case of the Miguel Castro Castro Prison, supra note 30, para. 416; and case of La
Cantuta, supra note 121, para. 202.
148
Cf. case of Garrido and Baigorria, supra note 122, para. 44.
149
Cf. written expert appraisal provided by Dr. Juan Carlos Ziella (merits file, tome V, folio 1069).