were, it should declare so in the judgment”, leaving it up to the “domestic courts” to
determine “the reparations that should be granted […] Mr. Mohamed”. Argentina held
that the pecuniary measures of reparation requested by the representatives “should be
rejected” and objected to Mr. Mohamed being granted compensation for lost earnings
and for direct expenses incurred, such as the loans requested and assistance from
neighbors and the fact that Mr. Mohamed’s mother was forced to take financial
responsibility for the Mohamed Potenza family. The State considered that the amount of
compensation requested for lost earnings was “exorbitant” and that the amount
requested for direct expenses “lack[ed] any justification.” Likewise, the State argued
that the “non-pecuniary [measures of reparation] requested by the representatives
should be rejected” 132, and denied that Mr. Mohamed’s life project had been altered.133
The State affirmed that the “exorbitant” amount requested by the representatives as
compensation for these damages lacks evidentiary basis. Likewise, it rejected the notion
that “non-pecuniary damages can be calculated on the basis of a percentage of the
pecuniary damages, and that it could be of the order of 20% of the latter.”
Considerations of the Court
167. In its case law, the Court has developed the concept of pecuniary damages and
defined the circumstances in which compensation must be paid. This Court has
established that pecuniary damage contemplates “the loss or detriment to the income of
the victims, the expenses incurred as a result of the facts, and the monetary
consequences that have a causal nexus with the facts of the case.”134
168. The Court has also explained, in its case law, the concept of non-pecuniary
damage and has established that it “may include both the suffering and difficulties
caused to the direct victim and his next of kin, the harm to values that are of great
significance to the individual, and also the changes, of a non-pecuniary nature, in the
living conditions of the victim or his family.”135
169. The Court has determined in this Judgment that Mr. Mohamed’s right to appeal
his conviction was violated (supra para. 117). This meant that a penalty of
disqualification from driving for eight years was imposed on him, in a judgment that
could not be appealed.
170. In his statement rendered before a notary public, Mr. Mohamed said that the
conviction made him feel “worthless, that he was no good at [his] job.” Regarding the
special appeal, Mr. Mohamed said that “the ordeal with the courts continued” because
132
The Court notes that the State presented these arguments and those included in the following
footnote in an attachment to its answer brief. The Court admits these because they were submitted together
with that brief within the appropriate period. The State rejected: i) Mr. Mohamed’s alleged inability to find work
as a driver after “his professional license” was withdrawn and that as a result, he had not been able to carry
out his professional work; ii) that [Mr. Mohamed’s] “opportunities for growth and social and cultural
development were affected”; iii) “that the Mohamed Potenza family had been placed in a vulnerable situation”;
iv) that the Mohamed Potenza family “had were now on the fringes of poverty” as a consequence “of the
State’s actions”; v) “[t]hat they had not had effective judicial protection, or adequate “protection of health and
social security”; vi) “[t]hat the personal integrity of Mr. Mohamed and his family was violated” ”, and vii)
“[t]hat the alleged hardships suffered by Mr. Mohamed due to the loss of his job should be assessed”.
133
As to the possible effects on Mr. Mohamed’s life project the State rejected: i) “[t]hat the life
expectations of Mohamed and his family had been changed” and therefore “[t]hat [Mr.] Mohamed had been left
without any possibility of working, even in another activity”, and ii) that as a result, “his living conditions
changed in such a way as to frustrate the life project of Mohamed’s family”.
134
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002.
Series C No. 91, para. 43, and Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and
Costs, para. 281.
135
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 84, and Case of Nadege Dorzema et al. v. Dominican
Republic. Merits, Reparations and Costs, para. 284.
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