149
k)
calculations by the representatives regarding the salary of Rolan
Valencia, to establish his compensation, cannot be expressed in current value,
as it has not been updated;
l)
despite the mistake committed by the representatives in calculations
for Sinaí Blanco Santamaría, the State, in good faith, estimates the losses
incurred at the highest value mentioned, and does not object to the request;
m)
there is insufficient evidence in the case file to justify the income of
Antonio María Barrera Calle, for which reason the State requests that the
probable income be set at the minimum monthly wage of that time;
n)
Mariela Contreras carried out an illegal activity with her spouse
Gustavo Caicedo Rodríguez. Therefore, the State asks that they be denied
compensation for lost earnings and, if this request is not accepted, that he be
assumed to have earned at least the monthly minimum wage in force at the
time; and
o)
compensation for lost earnings in the case of the Contreras family
amounts to $ 481,595,515, in that of Enrique Pinzón López to
$165,601,437.00, in that of Jorge Pinzón López to $165,601,437.00, in the
case of Luis Eduardo Pinzón López to $183,746,683.00 and in the case of José
Alberto Pinzón López to $183,746,683.00. Compensation in the case of Jaime
Riaño Colorado amounts to $60,240,846.00. Lost earnings caused to the
property of the conjugal partnership of Luz Mery Pinzón and the victim must
not be accepted, as there is no evidence of their economic activity.
Considerations of the Court
265. In this section, the Court will rule on pecuniary damages, for which it will set
the amount of compensation for the property-related consequences of the violations
found in the instant Judgment,282 taking into account the circumstances of the case,
the evidence tendered, its jurisprudence, and the main pleadings of the Commission,
the representatives and the State.
266. The Court agrees with the State that the evidence supplied is insufficient to
establish with certainty the pecuniary losses suffered by most of the identified
victims. However, it is also significant that, under the circumstances of the instant
case, the next of kin of the victims were displaced from Mapiripán, for which reason
it is understandable that they do not have the vouchers required. It is possible that
many of them had to leave their homes abruptly, carrying with them only
indispensable items. In this regard, then minor Nadia Mariana Valencia Sanmiguel
stated:
During the night we did not stay at home because we were afraid. We packed some
things and stayed at the healthcare center […]. Everyone was at the airport to be able to
leave.283
282
See Case of Yatama, supra note 7, para. 242; Case of the Indigenous Community Yakye Axa,
supra note 12, para. 193, and Case of Huilca Tecse, supra note 274, para. 93.
283
See statement rendered as testimony before a notary public (affidavit) by Nadia Mariana Valencia
Sanmiguel on February 4, 2005 (file with statements rendered before or authenticated by a notary public,
page 4536).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents