treatment [personal integrity] resulted in several levels of inactivity for a certain
period of time.
253. The representatives only reported the income of Mr. Montiel Flores, which was
$ 3,300.00 Mexican pesos monthly, i.e. $ 39,600.00 Mexican pesos annually,
equivalent to US$ 2,995.18 American dollars (supra para. 250). However, from the
case file it appears that in his statement before the Federal Public Prosecutor, Mr.
Cabrera García said his income was, approximately, $50 Mexican pesos daily, 354
i.e. $ 18,250.00 Mexican pesos annually, equivalent to US$ 1,380.18 American
dollars. Based on the foregoing, and taking into account the violations of the rights
suffered by Messrs. Cabrera and Montiel during their imprisonment and in the
judicial proceeding conducted against them, as well as the fact that they were
deprived of their liberty for over two and a half years, this Court decides to set, in
equity, the amount of US$ 5,500.00 (five thousand five hundred U.S. dollars) or its
equivalent in Mexican pesos, for loss of income. This amount shall be paid to
Messrs. Cabrera and Montiel, within the term established by the Court for that
purpose (infra para. 268).
254. As this Court has noted previously, reparations must have a causal link with
the facts of the case, the alleged violations, the proven damages, as well as with
the measures requested to repair the resulting damages (supra para. 209).
Therefore, this Court shall not rule on any arguments of the representatives that
are not related to the foregoing.
D.2 Non-pecuniary damage
255. In its case law, the Court has developed the concept of non-pecuniary
damages and has established that these “may include both the suffering and
distress caused to the direct victims and their families, and the impairment of
values that are highly significant to them, as well as other forms of suffering that
cannot be assessed in financial terms, which affect the living conditions of the
victims or their families.” 355
256. The Commission asked the Court “in view of the nature of the case and the
seriousness of the damage caused to the victims, […] to set the amount of
compensation for non-pecuniary damages based on the principle of equity.”
257. The representatives argued that “[t]he unlawful detention and torture, as
well as the lack of justice and reparation, caused serious physical, psychological
and emotional damage to Rodolfo Montiel and Teodoro Cabrera, but also had a
serious impact on their life project,” the effects of which continue to this day.
According to the representatives, the victims in this case have experienced very
severe emotional symptoms such as “periods of deep sadness, anxiety, depression,
headaches and mood changes, among other symptoms,” as well as symptoms
related to a Post-traumatic Stress Disorder. Moreover, the separation from their
families “produced severe anguish in the victims,” since they “believed that they
may have caused them harm.” The representatives further argued that “[the
alleged] context of criminalization and repression of their colleagues in the OCESP”
meant that they had to leave that organization. The representatives also referred
to the period when the victims were unfairly imprisoned in poor conditions of
confinement, a matter that warrants reparation.
354
Statement of Messrs. Cabrera and Montiel of May 6, 1999, supra note 132, page 9783.
355
Cf. Case of the "Street Children” (Villagrán Morales et al) V. Guatemala. Reparations and Costs,
supra note 317, para. 84; Case of Rosendo Cantú et al. V. Mexico, supra note 30, para. 275; Case of
Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 278.
91
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