-79-
Arguments of the State
149.
With regard to pecuniary damage, the State affirmed that:
a)
It does not accept the amounts claimed, “because violation of the right
to life and humane treatment has not been proved; consequently, the way
the amounts have been calculated is not valid, because the calculation relates
to the consequences of this violation”;
b)
In relation to loss of earnings, “since Erlinda and Ernestina were
minors, they did not generate earnings, and they had no family obligations.
Also, their next of kin are now adults and never required any earnings by the
children for their maintenance”;
c)
Regarding indirect damage, it stated that:
i.
“The children’s mother returned to El Salvador in 1993 […]. In
this assumption, María Victoria Cruz Franco did not incur in any
expenses in relation to the search before 1993”;
ii.
“Owing to their financial situation, the Serrano Cruz family
could not have incurred significant expenses in relation to the search
for their daughters, rather it was the Asociación Pro-Búsqueda which
incurred the expenses on their behalf”;
iii.
“Regarding the medical care and the expenses in the national
jurisdiction, […] both items continue to be free in El Salvador[, … and]
the possible indirect damage to María Victoria Cruz Franco, as a cause
of her possible diabetes, […] cannot be attributed” to the State;
iv.
“The Court cannot establish compensation for the expenses
[incurred by the Asociación Pro-Búsqueda], as it can for those of the
next of kin, since none of the Association’s rights have been violated.”
Considerations of the Court
150. In this section, the Court will determine the pecuniary damage, which
presumes the loss of or harm to the income of the victims, the expenditure incurred
as a result of the facts, and the pecuniary consequences that have a causal link to
the facts of the case sub judice.44 In this regard, when applicable, it will establish an
amount that seeks to compensate the patrimonial consequences of the violations
declared in this judgment. To decide the claims regarding pecuniary damage, the
Court will take into account the evidence gathered in this case, its own case law and
the arguments of the parties.
151. According to its decision in the judgment on preliminary objection (supra
para. 21), the Court cannot rule on requests for reparations for pecuniary damage
that are based on alleged violations relating to the alleged disappearance of
Ernestina and Erlinda or on facts or acts that occurred before June 6, 1995, or which
began to be executed before that date on which the State deposited the instrument
44
Cf. Case of the “Juvenile Reeducation Institute”, supra note 9, para. 283; Case of the Gómez
Paquiyauri Brothers, supra note 10, para. 205; and Case of the 19 Tradesmen, supra note 15, para. 236.