312. For their part, the representatives asked that the Court order payment for Mr.
González Medina’s loss of income, taking into consideration that, at the time of his
disappearance: (a) “he probably had another 19 years of life before him,” according to life
expectancy in the Dominican Republic; (b) he was a UASD professor, and (c) in addition,
“he carried out a series of other professional activities that […] increased his annual income
considerably.” In this regard, the representatives provided a table, without vouchers, where
they calculated the income that Mr. González Medina had failed to receive between 1995
and 2010, as US$178,745.09 (one hundred and seventy-eight thousand seven hundred and
forty-five United States dollars and nine cents). 340 Regarding the additional income, the
representatives indicated that “they could not include an exact calculation.” Furthermore,
as consequential damage, the representatives asked the Court to order the corresponding
amount, in equity, taking into account “the harm and prejudice to personal wealth” suffered
by Narciso González Medina’s family in their search for justice, as well as the medical
expenses they have had to incur as a result of the disappearance.
313. Regarding the income that Mr. González Medina failed to receive, the Court observes
that the representatives did not provide evidence that would allow the Court to verify the
amount indicated as corresponding to his salary in 1994, based on which they made the
calculations that they submitted to this Court. However, taking into account the victim’s age
at the time of his disappearance, 341 the date of the Dominican Republic’s acceptance of the
Court’s jurisdiction, the elements in the case file, and based on the principle of equity, the
Court decides to establish the sum of US$50,000.00 (fifty thousand United States dollars)
for Mr. González Medina’s loss of earnings. Half of this amount must be given to Luz
Altagracia Ramírez, and the other half must be shared in equal parts between Mr. González
Medina’s children: Ernesto, Rhina Yokasta, Jennie Rossana and Amaury González Ramírez.
This amount must be paid within one year of notification of this Judgment.
314. Regarding consequential damage, the Court notes that, according to the expert
medical opinion of Secundino Palacios Carpio, the González Ramírez family has been
undergoing medical treatment for approximately 17 years. In addition, Jennie Rosanna
González Ramírez, Rhina Yokasta González Ramírez and Luz Altagracia Ramírez have had to
be hospitalized as a result of the psychological ailments they have suffered as a result of Mr.
González Medina’s disappearance, and they have also been on medication. 342 In addition,
the Court considers that the actions and measures taken by Mr. González Medina’s family to
find him gave rise to expenses that must be considered as circumstantial damage.
Consequently, the Court establishes, in equity, the sum of US$20,000.00 (twenty thousand
United States dollars) for circumstantial damage, which must be given to Luz Altagracia
Ramírez so that she may distribute it as appropriate, according to the expenses that were
assumed by her children.
D.2) Non-pecuniary damage
315.
International case law has repeatedly established that the judgment can constitute
340
This table is based on the UASD salary of Mr. González Medina in 1994, which allegedly was 216.000,00
Dominican pesos, taking into account the annual rate of inflation and exchange rate.
341
Regarding the life expectancy of Mr. González Medina, the State affirmed that Mr. González Medina had
chronic clinical symptoms owing to a brain tumor. However, the Court notes that, contrary to the State’s assertion,
the neurologist who treated Mr. González Medina indicated that “he did not have a tumor, [… but rather] a lesion in
the left parietal bone.” Testimony given by Doctor Valenzuela on September 20, 2002, before the Review Chamber,
supra note 97, folio 1960.
342
Cf. Testimony provided by expert witness Secundino Palacios Carpio on June 16, 2011, supra note 208,
folios 1145 and 1146.
93
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