30
a)
in order to calculate loss of earnings, the age of the victim at the date
of his death62, the years he might have lived in accordance with his life
expectancy63, the job he was doing at the time of the facts, the financial
improvements that he might have been able to obtain, and his earnings must
be taken into account. In this case, the real wage would be applied or, in the
absence of information on the real wages of the victims, the minimum wage
for non-agricultural activities in Guatemala would be applied64. These
earnings must be calculated on the basis of 12 monthly wages each year; the
two months of additional wages each year established in Guatemala
legislation should also be considered, together with the corresponding
interest; and
b)
with regard to consequential damage, in cases such as this, which
relate to “extrajudicial executions”, expenses related to the search for the
remains of the victims65, funeral services66, medical treatment and medicines
for the next of kin of the victims67 should be included.
71.
In view of the foregoing, the representatives of the victims’ next of kin
consider that the State should pay the next of kin of the direct victims the amounts
indicated in the following table:
Reparation for pecuniary damage
Consequential
Loss
of
damage
earnings
Anstraun Aman Villagrán
US$ 161.66
US$ 50,563.47
Morales
US$ 2,392.20
US$ 1,500.00
Henry Giovanni Contreras
US$ 350.00
US$ 50,149.43
US$ 2,500.00
Julio
Roberto
Caal US$ 399.02
US$ 51,376.70
Sandoval
Federico Clemente
US$ 50,149.43
Figueroa Túnchez
Jovito
Josué
Juárez
US$ 51,223.29
Cifuentes
Victim
62
The representatives of the victims’ next of kin indicated that the youths, Anstraun Aman Villagrán
Morales, Henry Giovanni Contreras, Julio Roberto Caal Sandoval, Federico Clemente Figueroa Túnchez,
and Jovito Josúe Juárez Cifuentes, were 17, 18, 16, 18 and 17 years of age, respectively.
63
According to the representatives of the victims’ next of kin, the life expectancy was 64.7 years
for boys in Guatemala in 1999 (according to the 1999 Human Development Report of the United Nations
Economic Commission for Latin America and the Caribbean/ECLAC).
64
According to the representatives of the victims’ next of kin, the said wage was US$ 102 in 2000.
The exchange rate was Q7.72 to the US$ 1.00, according to information provided by the Banco Central de
Costa Rica.
65
In the case of Julio Roberto Caal Sandoval and Henry Giovanni Contreras.
66
In the case of Anstraun Aman Villagrán Morales.
67
In the case of the mothers of Henry Giovanni Contreras and Anstraun Aman Villagrán Morales.
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