positively the measures taken by the domestic courts in this case,1 and finds that the
amount established by these courts is reasonable in terms of its case law.
6.
Far from being reasonable compensation in the terms indicated, that decision
constitutes an unjustified departure from the Court’s case law, expressed, for example, by
the judgment handed down in the Case of the La Rochela Massacre, 2 in the following words:
245.
In this case, the Court notes that, in the administrative proceedings, the State
awarded damages for loss of potential earnings to twelve children and seven spouses
or companions 3 of eight of the deceased victims in accordance with the guidelines set
out by its domestic courts (supra para. 239). The Court recognizes the efforts made
by Colombia with regard to the obligation to provide reparations and assesses them
positively.
246.
The Court notes, however, that the formula used to calculate and distribute
the compensation for loss of earnings in the domestic proceedings is distinct from the
formula used by this Court. The Court considers that compensation for loss of earnings
should include the income that the deceased victim would have received during his or
her remaining life expectancy. That amount, therefore, is incorporated into the estate
of the deceased victim, but is delivered to the next of kin. Therefore, the Court will
determine the appropriate amounts that it deems pertinent to order.
247.
The Court has verified that the next of kin of the deceased victims, Carlos
Fernando Castillo Zapata, Benhur Iván Guasca Castro and Orlando Morales Cárdenas,
filed a claim under administrative law, but were not awarded loss of earnings, and that
the next of kin of Arnulfo Mejía Duarte did not have recourse to this procedure. In this
regard, and in keeping with its case law, the Court deems it appropriate to order
compensation for loss of earnings to each of the four deceased victims mentioned
above.
248.
As it has in other cases, 4 the Court establishes the following compensation, in
equity, for the loss of potential earnings of the twelve deceased victims. In doing so,
the Court takes into account aspects such as the victims’ occupations and their
corresponding remuneration, their age and life expectancy, and the compensation
awarded at the domestic level (supra para. 245): […]
249.
The compensation established in the preceding paragraph shall be distributed
among the next of kin of the deceased victims, in accordance with the provisions of
paragraph 237 of this judgment. The State shall make these payments within one year
from notification of this judgment.
250.
Furthermore, when paying the reparations ordered by this Court in paragraph
248, the State may subtract from each family member, the amount granted to that
1
[Footnote 334 in the text of the judgment] Cf. Case of the La Rochela Massacre, supra note 16, para. 245.
2
La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 163,
paras. 245 to 250. The transcript of paragraph 248 omits the details of the compensation established.
3
[Footnote 243 in the text of the judgment in the Case of the La Rochela Massacre]. The children and spouses or
companions of the deceased victims who received compensation for loss earnings were: Nicolás Gutiérrez Morales and
Sergio Andrés Gutiérrez Morales, sons of Mariela Morales Caro; Esperanza Uribe Mantilla, wife, and Pablo Andrés Beltrán
Uribe and Alejandra Maria Beltrán Uribe, children of Pablo Antonio Beltrán Palomino; Hilda María Castellanos, wife of
Virgilio Hernández Serrano; Paola Martínez Ortiz, companion and Daniel Ricardo Hernández Martínez and Julián Roberto
Hernández Martínez, sons of Luis Orlando Hernández Muñoz; Luz Nelly Carvajal Londoño, wife, and Angie Catalina Monroy
Carvajal, daughter of Yul Germán Monroy Ramírez; Mariela Rosas Lozano, wife, and Marlon Andrés Vesga Rosas, son of
Gabriel Enrique Vesga Fonseca; Blanca Herrera Suárez, companion, and Germán Vargas Herrera and Erika Vargas Herrera,
children of Samuel Vargas Páez; and Luz Marina Poveda León, wife, and Sandra Paola Morales Póveda and Cindy Vanesa
Morales Póveda, daughters of César Augusto Morales Cepeda.
4
[Footnote 244 in the text of the judgment in the Case of the La Rochela Massacre] Cf. Case of the Ituango
Massacres, supra note 15, para. 373; Case of the Pueblo Bello Massacre, supra note 12, para. 248; and Case of Blanco
Romero et al., supra note 119, para. 80.
2