64
that the causal nexus between the alleged violations and the loss of income is not
proven.
213. The Court considers, as with previous cases on forced disappearance238, that
in this case in which the whereabouts of the victim is unknown, it is possible to apply
the compensation criteria for the loss of income of the victim, which includes income
that the victim would have received during his remaining life expectancy.
214. As has been proven, Kenneth Ney Anzualdo Castro was studying at the School
of Economic Sciences of the Professional School of Economy of Universidad Nacional
del Callao when he was made disappeared by state agents and he was 25 years of
age at the time of the events (supra para. 33). He was finishing the last part of the
university course and, therefore, he would have probably begun his professional
career in the year 1995. As observed by the representatives, if he had graduated
from economy, during his work life, Mr. Anzualdo Castro would have earned a salary
according to his profession, that is, a higher salary than the minimum salary in force
in Peru. The Court takes into account the date submitted by the representatives
regarding the salaries in Peru and the life expectation of Mr. Anzualdo Castro at the
moment of his birth, information that the State did not contest. It is irrelevant to
consider, as the State intends, the unemployment rate in Peru, given the fact that
otherwise there would be no base to calculate what a university student would have
not earned in the market. Based on the foregoing, the Court equitably determines
the amount of US$ 140.000 (a hundred and forty million dollars of the United State
of America) in favor of Kenneth Ney Anzualdo Castro, as loss of income as a result of
his forced disappearance.
D(2) Non-pecuniary Damage
215. The Commission considered that the non-pecuniary damage as a result of the
forced disappearance of Mr. Anzualdo Castro is evident, since it can be presumed
that the injured party “went through an intense psychological suffering, anguish,
pain and alteration in his life plans as a result of the state actions and the lack of
justice.”
216. The representatives alleged that it is reasonable to assume that Mr. Anzualdo
was subjected to interrogatories and tortures. They claim that the amount of US
$100.000 as moral damage is in line with the recent case-law of this Tribunal.
Regarding the next-of-kin, the representatives argued that it is reasonable to
presume that the parents of a victim of forced disappearance have morally suffered
and that the inaction of the Peruvian authorities has caused "a profound suffering" to
the next-of-kin. Therefore, they requested the Court to order the State to pay the
amount of US$ 80.000,00 in favor of each one of the next-of-kin (supra para. 175).
217. The State sustains that it should not compensate the victims for nonpecuniary damage and that the amount requested for them is not in line with the
recent case-law of the Court. As a result, it requests the Court to equitably
determine the corresponding amount should it be necessary.
238
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs, supra note 212, para. 46
and 47; Case of Godínez Cruz V. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
N. 8, para. 44 and 45; Case of Benavides Cevallos V. Ecuador, supra note 111, para. 48 and Case of
Castillo Páez V. Perú. Reparations and Costs. Judgment of November 27, 1998. Series C No. 43, para. 75.
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