arguments, the State reiterated that “since the State is not internationally responsible for the
alleged disappearance of Jeremías Osorio Rivera, it is not required to provide reparation for the
presumed harm caused.”
279. Regarding the earnings that Jeremías Osorio Rivera failed to receive, the representatives
made the respective calculation on the basis of the minimum living wage which, up until 2012,
would represent the sum of US$42,237.58 using the exchange rate of 2.60. From this amount,
25% was subtracted for personal expenses and, then, annual interest of 6% of the loss of earnings
was applied from 2012, until 2022, the date on which the life expectancy of Mr. Osorio Rivera
would culminate.
280. The Court considers, as it has in other cases of enforced disappearance, 398 that, in this case
in which the victim’s whereabouts are unknown, it is possible to apply criteria of compensation for
his loss of earnings consisting of the income he would have received during his probable lifetime.
Taking into account the victim’s age at the time of his disappearance, the evidence in the file, and
based on criteria of equity, the Court decides to establish the sum of US$57,500.00 (fifty-seven
thousand five hundred United States dollars) for the loss of earnings of Jeremías Osorio Rivera.
Half this amount must be delivered to Santa Fe Gaitán Calderón, and the other half must be
distributed in equal shares among the children of Jeremías Osorio Rivera, namely: Edith Laritza
Osorio Gaytán, Neida Rocío Osorio Gaitán, Vannesa Judith Osorio Gaitán and Jersy Jeremías Osorio
Gaitán.
b)
Consequential damage
281. The representatives indicated that, since the expenses they have incurred were disbursed
over almost 21 years, the family members have not kept the corresponding vouchers. The
representatives therefore asked the Court to establish, in equity, the amount that the State should
pay to reimburse the expenses incurred.
282. The State affirmed that none of the rights recognized in the American Convention had been
violated and indicated its profound disagreement with the large sums requested by the
representatives arguing that, “[t]his type of claim seeks to convert the […] Court into a financial
entity, which is not in keeping with the object and purpose of its functions.” In its final written
arguments, the State reiterated that “since the State is not internationally responsible for the
alleged disappearance of Jeremías Osorio Rivera, it is not required to provide reparation for the
presumed harm caused.”
283. In order to discover the fate and whereabouts of Mr. Osorio Rivera, his family took
numerous steps before the State authorities; in particular they visited courts, police stations and
detention centers. The Court finds that the State should compensate them for these expenses,
because they have a direct causal nexus with the violations in this case. 399 The Court observes that
the file does not contain any appropriate vouchers to determine the precise amount of the
expenditure that the said steps must have represented for the members of Jeremías Osorio
Rivera’s family. However, based on the specific circumstances of the case, the Court finds it
pertinent to establish, in equity, the sum of US$10,000.00 (ten thousand United States dollars), as
398
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 46 and 47, and Case of Chitay
Nech et al. v. Guatemala, supra, para. 269.
399
Cf. Case of Castillo Páez v. Peru. Reparations and costs. Judgment of November 27, 1998. Series C No. 43, para.
76, and Case of Luna López v. Honduras, supra, para. 215.
93
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