48
amounts of GTQ 4,513,407.60, the equivalent of USD 603,845.58.230 It claimed that
interest should be included on behalf of each of the 26 persons, under the same principle
used for the deceased victims. For this concept, it requested a total equivalent to USD
625,994.64.231 Therefore, the total requested is USD 1,229,840.22.
183. The representative made a special request with respect to Gerardo Maldonado Sales,
indicating that “at the time of the massacre he was two years old and died nine years
later […] when he was 11.” Thus, using the same formula, it requested an amount in
Quetzals equivalent to USD 295,419.80.232
184. The State argued that lost wages should be included only to the extent that they
are proven and following the parameters established in the case law, such as: the life
expectancy in the country at the time of the events, the circumstances of the case, the
minimum salary and the loss of future advancement. It also manifested that ”it is
confronting serious financial and budgetary difficulties, which have been aggravated in
past years, a situation that has lessened timely compliance with its financial commitments
derived from several international instruments.”
185. The Court notes that the representative calculated lost wages. However, it did not
take into account all the elements required by the Court’s case law to make the
calculation. As the Court has previously held, 233 it is necessary to deduct 25% from the
lost wages to account for the personal expenses that the victim might have incurred during
his lifetime after the events. This element was not considered by the representative in
making its calculations. Moreover, no distinction was made about the survivors’ work or
personal details nor on the impact that the injuries might have on each individual’s work
and, thus, the amounts requested by the representative are not appropriate.
186. Therefore, taking into consideration the above and the particularities of each case
and for the adequate full reparation of the victims, the Court orders, in equity: (a) for
each of the 11 deceased persons whose right to life has been declared violated and who
are named in Annexes B(2) and B(4) of this judgment, taking into account the differences
in age at the time of their death, the payment of the following amounts: 1.-Abel Ramírez
Pérez: USD 67,000.00 (sixty-seven thousand United States dollars); 2.-Andrés Miguel
Mateo: USD 15,000.00 (fifteen thousand United States dollars); 3.-Hilaria Morente de la
Cruz: USD 15,000.00 (fifteen thousand United States dollars); 4.-Juana Jacinto Felipe:
USD 39,000.00 (thirty-nine thousand United States dollars); 5.-Manuela Mateo Antonio:
USD 92,000.00 (ninety-two thousand United States dollars); 6.-Pablo Coc Coc: USD
24,000.00 (twenty-four thousand United States dollars); 7.-Pedro Diego Andrés: USD
42,000.00 (forty-two thousand United States dollars); 8.-Pedro Medina Sánchez: USD
22,000.00 (twenty-two thousand United States dollars); 9.-Carlos Fernando Chop Chic:
USD 92,000.00 (ninety-two thousand United States dollars); 10.-Santiago Coc: USD
100,000.00 (one hundred thousand United States dollars) and 11.-Maurilia Coc Max: USD
Velásquez”; “Santos Choc Coc”; “Rosenda Sales Ortíz”; “Marcos Raymundo Jolomná Yat”; “Rolando Hernández
Maldonado”; “Aurelio Hernández Morales”; “Josefa Mendoza Aguilar”; “Micaela Pascual Juan”; “Carmen Caal
Saqui”, “Juan Medina Toma”; “Mateo Pedro”; “Martín Quip Mucú”; “Francisco Hernández”; “Juana Andrés
Maldonado”; “Tomás Grave Morente”; “Jacinta Matón Raymundo”; “Pedro Daniel Carrillo López”; “Natividad
Sales Calmo”; “Efraín Grave Morente”; “Eliseo Hernández Morales”, and “Santiago Cajbón Quip”.
230
The representative asked GTQ 173,592.60 for each of the 26 persons. It explained that it used the same
method of calculating the amount of lost wages on behalf of the deceased victims, but it clarified that “it was
computed only for the first five years beginning in 1997.”
231
It asked GTQ 179,959.98 for each of those 26 persons, resulting in a total of GTQ 4,678,959.39.
232
It claimed GTQ 2,083,111.2 for lost wages, which is the equivalent of USD 278,697.96, and GTQ 124,986.67
for interest, which is the equivalent of USD 16,721.84.
233
Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment of
May 26, 2001. Series C No. 77, para. 81.