31
72.
The said representatives consider that the following persons should be the
beneficiaries of the compensation for pecuniary damage:
a)
in the case of Anstraun Aman Villagrán Morales, they requested that
half the compensation established for pecuniary damage be awarded to his
mother, Matilde Reyna Morales García, and the other half to his sister, Lorena
Dianeth Villagrán Morales;
b)
with regard to Henry Giovanni Contreras, they requested that half the
compensation established for pecuniary damage be awarded to his mother,
Ana María Contreras, and a third of the remaining half to each of his siblings,
Mónica Renata, Shirley Marlen and Osman Ravid Agreda Contreras;
c)
regarding Julio Roberto Caal Sandoval, they requested that all the
compensation established for pecuniary damage be awarded to his
grandmother, Margarita Urbina;
d)
with regard to Federico Clemente Figueroa Túnchez, they requested
that all the compensation established for pecuniary damage be awarded to
his mother, Marta Isabel Túnchez Palencia; and
e)
in the case of Jovito Josué Juárez Cifuentes, they requested that all
the compensation established for pecuniary damage be awarded to his
mother, Noemí Cifuentes.
73.
During the public hearing, the said representatives opposed the State’s
assertion that, according to the circumstances of the case, a “close” financial
collaboration between the victims and their next of kin did not exist. They also
requested an amount for medical and psychological attention to the victims’ next of
kin, in order to help them overcome the damage suffered and bring closure to the
mourning process.
Lastly, they supported the calculation of loss of earnings
proposed by the Commission, because they considered it more comprehensive that
the one set out in the brief on reparations.
The Commission’s arguments:
74.
The Commission argued:
a)
that, with regard to loss of earnings, in this case it had been proved
that the victims provided emotional, affective and financial support to their
next of kin and that the fact that they were street children does not preclude
the obligation to provide compensation for loss of earnings. It added that this
concept cannot be eliminated because the victims did not work all the time.
It also indicated that, when calculating the loss of earnings, and in order to
estimate the loss of earnings corresponding to the requirements and
circumstances of this case, the following factors should be taken into
consideration: life expectancy68; the age of the victims; wages that would not
68
According to the Commission, indicators produced by the National Institute of Statistics for 19901995, indicate that “the average remaining life expectancy for men from 15 to 19 years of age would have
been 50.04 years”. In view of the similarities in ages (which ranged from 15 to 20 years) and
circumstances of the victims, “the Commission has made a single calculation and considers that it should
be applied to each of them.”
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