37
186. Regarding “future consequential damages,” the representative held that Mr. BuenoAlves “will have to undergo permanent medical [and] psychological treatment.” The
representative further stated that, according to her estimates, the State should cover 15
percent of the sum claimed as compensation for “physical damage,” which would amount to
US$ 235,345.44 (two hundred thirty-five thousand three hundred forty-five United States
dollars and forty-four cents).
187. The State “di[d] not question the validity of this item insofar as [in] prior cases the
Court has held it to be valid,” but questioned the amounts estimated made by the
representative.
188. The evidence filed with the Court shows that Mr. Bueno-Alves will have to undergo
medical and psychological treatment in the future, as a consequence of the injuries caused
by torture and the consequences thereof, which were compounded by the lack of judicial
relief. Specifically, medical expert witnesses pointed out that “the heart and coronary risk
factors he suffers require and will require medical examinations,” while psychiatric expert
witnesses declared that “it is advisable that he continue under psychiatric, psychological
treatment […], which he will have to undergo for life.”
189. Therefore, the Court considers, as it has in prior cases,92 that compensation should
include future expenses for medical and psychological treatment. Notwithstanding, the
Court finds no reason to estimate the compensatory amount due under this item on the
basis of the percentage referred to above by the representative. Such estimate has no
direct bearing on the costs which future specialized treatment and medical assistance will
imply for Mr. Bueno-Alves. The basis for estimating an approximate amount for future
expenses must be the expenses incurred in the past and the expenses currently incurred, as
well as the characteristics of the injuries and suffering inflicted upon the victim. As stated in
paragraph 185, no sufficient evidence has been submitted to the Court which proves the
expenses which have already been incurred by Mr. Bueno-Alves; therefore, it cannot
possibly calculate an accurate amount for future expenses.
190. In view of the foregoing, the Court sets in equity the amount of US$ 45,000.00
(forty-five thousand United States dollars) to be paid by the State to Mr. Bueno-Alves as
future expenses for medical and psychological treatment.
e)
Defense and transfer expenses
191. The representative considered that the State must pay US$ 4,625,925.60 (four
million six hundred and twenty-five thousand nine hundred twenty-five United States dollars
and sixty cents) for the “numerous […] [m]inisterial and [j]udicial steps that had to be
[taken] as a consequence of the fabrication of a proceeding, charging the [v]ictim with the
commission of false and non-existing crimes, which has implied the payment of significant
sums of money as professional fees for legal representation and advice, in addition to the
expenses resulting from the proceedings.” Likewise, she pointed out that “seizures have
been levied upon Mr. Bueno-Alves’ property as a result of the appeals filed before the
Supreme Court of Justice of the Republic, since he could not afford to pay the amounts set
as judicial deposits.” Finally, she pointed out that the remedies sought from the Commission
and the Court have generated expenses for Mr. Bueno-Alves.
192.
92
The State questioned this claim made by the representative in its entirety.
Cf. Case of Tibi, supra note 43, para. 249; Case of Molina-Theissen. Judgment of May 4, 2004. Series C
No. 106, para. 71; and Case of Myrna Mack-Chang. Judgment of November 25, 2003. Series C No. 101, para. 266.
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