125 INJURED FORMER INMATE 1. Abel Achar Acuña 2. José Milciades Cañete Chamorro 3. Arsenio Joel Barrios Báez 4. Alfredo Duarte Ramos 5. Sergio Vincent Navarro Moraes 6. Raúl Esteban Portillo 7. Ismael Méndez Aranda 8. Pedro Iván Peña 9. Jorge Daniel Toledo 10. Sixto Gonzáles Franco 11. Antonio Delgado 12. Eduardo Vera a) b) a) b) a) a) a) b) a) a) b) a) a) a) b) a) b) a) NEXT OF KIN Apolinaria Acuña (mother) Roque Achar (father) María Estella Chamorro (mother) Andrés Cañete B. (father) María Rosa Virginia Baes (mother) Concepción Ramos viuda de Duarte (mother) Viviana Moraes (mother) Leoncio Navarro (father) Silvia Portillo Martínez (mother) Eristrudis o Edith Aranda (mother) Tranquilino Méndez (father) Dirma Monserrat Peña (sister) Emiliana Toledo (mother) Flora Franco (mother) Jerónimo Gonzáles (father) Cristina Delgado (mother) Antonio Vera (father) Felipa Vera (mother) B) PECUNIARY DAMAGES 283. In this section of the judgment the Court will decide the matter of pecuniary damages, which includes the loss or reduction of the victims’ income, any expenses incurred by reason of the facts in the case, and the consequential pecuniary damages that have some causal nexus to the facts in the case sub judice, for which the Court will set an amount that will seek to compensate for the consequences that the violations established in this judgment have had on the estates of the victims.205 In determining compensation, the Court will take into account the evidence compiled in this case, the Court’s own jurisprudence and the claims that the Commission, the representatives and the State have made. Pleadings of the Commission 284. In the case of compensation for pecuniary damages, the Commission observed that: a) absent proof to the contrary, the State has already covered the damnum emergens, as it paid various funeral expenses in the case of deceased victims; it also paid the medical expenses of the children injured in the fires; and b) in order to determine the lucrum cessans in a just and equitable manner, the Court must consider the wages that the victims ceased to receive as a consequence of the State’s violation of their right to life, their ages at the time of their deaths, the number of years before they would have reached the average life expectancy in Paraguay, and the minimum wage currently being paid. The Commission considered that upon their release, the deceased inmates would have joined the work force; inasmuch as at the time of their deaths the inmates were not working, the Commission reasoned that the Court should fix a sum in equity to determine the compensation owed to each 205 Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 205; Case of the 19 Tradesmen, supra note 26, para. 236; and Case of Molina Theissen, supra note 26, para. 39.

Select target paragraph3

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