147
viii.
ix.
x.
xi.
264.
be paid to the victim’s mother and sisters, Teresa López and his
sisters Luz Mery, Sara Paola, Maria Teresa and Esther Pinzón
López;
Jorge Pinzón López was 34 years old and earned an income of US
$2,956.49 yearly, which multiplied by the years of life he would
have had before him, yields the sum of US $117,372.79 that must
be paid to the victim’s mother and sisters, Teresa López and his
sisters Luz Mery, Sara Paola, Maria Teresa and Esther Pinzón
López;
Luis Eduardo Pinzón López was 32 years old and earned an income
of US $2,956.49 yearly, which multiplied by the years of life he
would have had before him, yields the sum of US $130,233.38 that
must be paid to the victim’s mother and sisters of the victim, that
is, Teresa López and his sisters Luz Mery, Sara Paola, Maria Teresa
and Esther Pinzón López;
José Alberto Pinzón López was 30 years old and earned an income
of US $2,956.49 yearly, which multiplied by the years of life he
would have had before him, yields the sum of US $130,233.38 that
must be paid to the victim’s mother and sisters, Teresa López and
his sisters Luz Mery, Sara Paola, Maria Teresa and Esther Pinzón
López; and
Jaime Riaño Colorado was between 48 and 50 years old and earned
an income of US $2,956.49 yearly, which multiplied by the years of
life he would have had before him, yields the sum of US $53,208
that must be paid to his common-law spouse Luz Mery Pinzón
López.
Pleadings of the State
a)
it is necessary to take into account the specific characteristics of the
claimants, such as their social, professional, and economic position, as
reparations are to compensate, not to enrich;
b)
with regard to measures of compensation, the State will abide by the
evidence submitted to the Court, regarding quantification of the pecuniary
and non-pecuniary damages;
c)
criteria for reparations in administrative-law proceedings have proven
to be adequate and effective and are in accordance with international
standards;
d)
the State believes that it is not in order to set pecuniary damages
based on fairness, as it is necessary to have clear evidence. If it does not
exist, the victims and their successors must be allowed to prove the exact
extent of said losses under domestic venue. Furthermore, the assessment of
proven losses must be in accordance with the criteria for compensations
established by domestic courts, as they comply with the international
obligations of the State and this was the criterion applied by the
representatives. In the instant case, assuming that there is a lack of
authentic evidence, the theory of the “minimum standard of injury” used by
the State Council could be applied;
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