108 f) regarding litigation of this case before the Court, they reserved their right to subsequently submit the amount of expenses incurred in the future. 231. Arguments of the State a) Based on the arguments submitted and the merits of the case, measures of reparation are to be ruled out; b) should the Court consider that the State should provide measures of reparation, due regard should be had to the fact that the final use of the books was not commercial, but that Mr. Iribarne intended to donate a copy of the book to “each member of the intelligence department of the Office of the Commander in Chief of the Third Naval Zone. [This] unmistakably shows the intellectual, not commercial, motive of the book’s author, which would hardly provide justification for material monetary loss;” c) the forfeiture of the copies of the book and other materials does not amount to the consequential damages claimed by the representatives of the alleged victim. The forfeiture of ownership rights to the items and instruments of the crime (books and other materials) was the result of the application of a legal provision that is enforced in most legal systems and which the judge hearing the case cannot possibly disregard; d) the representatives’ claim that the value of the books and other seized materials cannot possibly be assessed is not convincing. On the contrary, there is sufficient background information to accurately assess the commercial value of the books. The documentary evidence submitted by the Commission shows that Mr. Palamara-Iribarne invested seven hundred thousand Chilean pesos to have the books printed and published (consequential damages), that the commercial price of one book was $ 3,800 (three thousand eight hundred Chilean pesos) and that the commercial value of all the seized copies of the book totaled 3,439,000 (three million four hundred and thirty-nine thousand Chilean pesos). The actual cost of the books should be deducted off such commercial value; e) an award of non pecuniary damages on account of court proceedings that were legally instituted and carried out is not in order. There are no precedents in the Court’s case-law to assess such damage; and f) the alleged victim imprudently placed himself in a situation of economic risk by publishing a book without first obtaining the prior authorization required under legal provisions that apply to every civilian contract employee of the Chilean Navy. (Santiago de Chile-Asunción-Santiago de Chile) to attend a hearing before the Court: US$ 1,233; 4) air fare, traveling expenses and accommodation for two attorneys (Buenos Aires-Asunción-Buenos Aires and Río de Janeiro-Asunción-Buenos Aires): US$ 2,316.67; 5) air fare, traveling expenses and accommodation in Asunción for expert Christian Riego, for the hearing of May 9,2005: US$ 718.

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