205. The Court notes that the representatives did not provide any evidence to prove the
consequential damages. The representatives did not specify the nature of the expenses
incurred by these events, beyond describing them in general terms. Thus, they did not
indicate the approximate amounts of those expenses, or who paid for them. Notwithstanding
the foregoing, this Court presumes, as it has done in previous cases 235, that Mr. Flores
Bedregal's next of kin have incurred various expenses in the search for justice in this case.
206. Consequently, this Court establishes, in equity, the sum of USD$15,000.00 (fifteen
thousand United States dollars) for consequential damages in favor of the victims. The State
must divide the amount in equal parts and deliver the proportional part to each of the
following persons: Olga Beatriz, Verónica, Eliana Isbelia, and Lilian Teresa, all with the
surnames Flores Bedregal. The share of deceased persons must be distributed among their
heirs.
D.1.2. Loss of Income
207. The Commission requested reparation for the human rights violations in the instant
case in the material aspect, including fair compensation. The representatives argued that,
at the time of the forced disappearance, Mr. Flores Bedregal was 27 years old and serving as
a deputy, so multiplying his monthly salary of USD$3,000 (three thousand United States
dollars) by the number of months up to 52 years, which corresponds to the life expectancy
of the time, this item would amount to USD$975,000.00 (nine hundred and seventy-five
thousand United States dollars), and requested the Court to order the State to pay that
amount.
208. The State reiterated that the Flores Bedregal sisters had the possibility of obtaining
payment of lost profits through a civil proceeding derived from the two judgments issued in
the national jurisdiction. Therefore, it stated that the claim of the Flores Bedregal sisters is
not viable.
209. According to the allegations of the parties, Juan Carlos Flores Bedregal was serving as
a deputy in the National Congress at the time of the facts. However, there is not enough
evidence relating to his income. Therefore, the Court decides to establish, in equity, the sum
of USD$100,000.00 (one hundred thousand United States dollars), for loss of income in favor
of Juan Carlos Flores Bedregal. This amount must be distributed in equal parts between Olga
Beatriz, Verónica, Eliana Isbelia, and Lilian Teresa, all with the surnames Flores Bedregal. The
share of deceased persons shall be distributed among their heirs. With respect to Ms. Adela
Hortensia Villamil, who does not appear as an injured party in this case, the Court understands
that she reached a direct agreement with the State on measures of satisfaction and
compensation. 236
D.2. Non-pecuniary damage
210. Regarding the non-pecuniary damages, the Commission requested reparation for the
moral human rights violations in this case, including fair compensation. For their part, the
235
Cf. Case of Human Rights Defender et al. v. Guatemala, supra, para. 271, and Case of Deras García et al.
v. Honduras, supra, para. 125.
236
In this regard, as reported by the State, the agreement apparently consists of a pecuniary reparation
consisting of: a) a single payment, which is in progress for material reparation; b) a single payment for the death of
the former deputy in the performance of his duties, and c) a monthly life annuity, which was in progress in payrolls,
as of January by the National Distribution Service (SENASIR).
58