34 consideration their age73, the corresponding interest74 and apply a discount rate to calculate the current value of future earnings75. It is not appropriate for the Court to use the legal minimum wage for workers in the nonagricultural sector76; this could only be used as the maximum ceiling of earnings that the victims might have perceived during their lifetime. The State would agree to the Court establishing the amount under this heading based exclusively on the fact that all human beings need a minimum income to survive. The considerations of the Court 78. Bearing in mind the information received during this proceeding, the facts that are considered proved and its consistent jurisprudence, the Court finds that compensation for pecuniary damage in this case should include the items indicated in this section. 79. With regard to loss of earnings, the representatives of the victims’ next of kin and the Commission agree that, in order to make its calculation, the Court should take into account the minimum wage for non-agricultural activities in Guatemala. The State, on the other hand, is opposed to using this basis and argues that the victims did not hold permanent, continuous employment. As it has on other occasions77, this Court considers that, in view of the lack of precise information on the real earnings of the victims, it should use the minimum wage for non-agricultural activities in Guatemala as a basis. 80. Regarding expenses, the Court considers that, in equity, it is necessary to order the following compensation payments: with regard to Julio Roberto Caal Sandoval, an amount corresponding to the expenses that his next of kin estimate they incurred in their search in different agencies; with regard to Henry Giovanni Contreras, an amount corresponding to the expenses that his next of kin estimate they incurred in their search in different agencies and the expenses incurred by Ana María Contreras, the victim’s mother, for medical treatment and medicines as a result of a facial paralysis; and with regard to Anstraun Aman Villagrán Morales, an amount corresponding to the estimated costs of the funeral service and the expenses incurred by Matilde Reyna Morales García, the victim’s mother, for medical treatment and medicines as a result of the diabetes she is suffering from and which was made worse by the facts of this case. As regards Marta Isabel Túnchez Palencia, mother of Federico Clemente Figueroa Túnchez, and Margarita Urbina, grandmother of Julio Roberto Caal Sandoval, they stated during the public hearing that they had certain 73 The State indicated that Anstraun Aman Villagrán Morales, Henry Giovanni Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito Josué Juárez Cifuentes were 17, 18, 20, 17 and 15 years of age, respectively 74 The State indicated that the average passive rate of interest for the years 1990-1999 should be applied. 75 Guatemala considered that the applicable discount rate is 5% in order to determine the current net value of the amounts of the financial reparations. 76 Guatemala also indicated that, in this case, neither the bonus of Q0.30 an hour nor the calculation made by the Commission on the variations in the minimum wage should be applied. 77 cf. Neira Alegría et al. case. Reparations, supra note 15, para. 49; El Amparo case. Reparations, supra note 15, para. 28; and Aloeboetoe et al. case. Reparations, supra note 15, paras. 88 and 89.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents