13
Therefore, if he had not disappeared, he could have lived another 31 years. Given that he worked as a farmer,
and raised and sold animals, the representatives made their calculation on the basis of the minimum wage in
Peru, and requested the sum of US$57,020.73 for loss of earnings.
278.
The State affirmed that none of the rights recognized in the American Convention had been violated
and indicated its profound disagreement with the large sums requested by the representatives arguing that,
“[t]his type of claim seeks to convert the […] Court into a financial entity, which is not in keeping with the
object and purpose of its functions.” In its final written arguments, the State reiterated that “since the State
is not internationally responsible for the alleged disappearance of Jeremías Osorio Rivera, it is not required to
provide reparation for the presumed harm caused.”
279.
Regarding the earnings that Jeremías Osorio Rivera failed to receive, the representatives made the
respective calculation on the basis of the minimum living wage which, up until 2012, would represent the sum
of US$42,237.58 using the exchange rate of 2.60. From this amount, 25% was subtracted for personal
expenses and, then, annual interest of 6% of the loss of earnings was applied from 2012, until 2022, the date
on which the life expectancy of Mr. Osorio Rivera would culminate.
280.
The Court considers, as it has in other cases of enforced disappearance, that, in this case in which
the victim’s whereabouts are unknown, it is possible to apply criteria of compensation for his loss of earnings
consisting of the income he would have received during his probable lifetime. Taking into account the victim’s
age at the time of his disappearance, the evidence in the file, and based on criteria of equity, the Court decides
to establish the sum of US$57,500.00 (fifty-seven thousand five hundred United States dollars) for the loss
of earnings of Jeremías Osorio Rivera. Half this amount must be delivered to Santa Fe Gaitán Calderón, and
the other half must be distributed in equal shares among the children of Jeremías Osorio Rivera, namely:
Edith Laritza Osorio Gaytán, Neida Rocío Osorio Gaitán, Vannesa Judith Osorio Gaitán and Jersy Jeremías
Osorio Gaitán.
b) Consequential damage
281.
The representatives indicated that, since the expenses they have incurred were disbursed over almost
21 years, the family members have not kept the corresponding vouchers. The representatives therefore asked
the Court to establish, in equity, the amount that the State should pay to reimburse the expenses incurred.
282.
The State affirmed that none of the rights recognized in the American Convention had been violated
and indicated its profound disagreement with the large sums requested by the representatives arguing that,
“[t]his type of claim seeks to convert the […] Court into a financial entity, which is not in keeping with the
object and purpose of its functions.” In its final written arguments, the State reiterated that “since the State
is not internationally responsible for the alleged disappearance of Jeremías Osorio Rivera, it is not required to
provide reparation for the presumed harm caused.”
283.
In order to discover the fate and whereabouts of Mr. Osorio Rivera, his family took numerous steps
before the State authorities; in particular they visited courts, police stations and detention centers. The Court
finds that the State should compensate them for these expenses, because they have a direct causal nexus
with the violations in this case. The Court observes that the file does not contain any appropriate vouchers to
determine the precise amount of the expenditure that the said steps must have represented for the members
of Jeremías Osorio Rivera’s family. However, based on the specific circumstances of the case, the Court finds
it pertinent to establish, in equity, the sum of US$10,000.00 (ten thousand United States dollars), as
compensation for this concept. Half this amount must be delivered to Santa Fe Gaitán Calderón, and the other
half to Porfirio Osorio Rivera.
2. Non-pecuniary damage
284.
The representatives asked the Court to establish that the State must pay Jeremías Osorio Rivera for
non-pecuniary damage the sum of US$100,000.00, to be distributed among his heirs. In addition, it asked
the Court to establish that the State was obliged to pay US$50,000.00 to the permanent companion and
children of Jeremías Osorio Rivera, US$20,000.00 to the victim’s mother and siblings, and US$30,000.00 to
Porfirio Osorio Rivera, who has been the main promoter in the search for justice for the disappearance of his
brother.
285.
The State affirmed that none of the rights recognized in the American Convention had been violated
and indicated its profound disagreement with the large sums requested by the representatives arguing that,
“[t]his type of claim seeks to convert the […] Court into a financial entity, which is not in keeping with the
object and purpose of its functions.” In its final written arguments, the State reiterated that “since the State
is not internationally responsible for the alleged disappearance of Jeremías Osorio Rivera, it is not required to
provide reparation for the presumed harm caused.”