63
207. The State asserted that “there is no evidence proving” the existence of the
expenses alleged by the representatives.
208. The Court acknowledges that the activities and steps taken by the next-of-kin
of Mr. Anzualdo Castro to try to locate him resulted in expenses that may be
considered as consequential damage, in particular, the activities carried out before
the different civil, administrative and judicial authorities. It is not proven the hiring of
the investigator. Regarding what they mentioned about the business that the
Anzualdo family had to close, the Tribunal acknowledges that it could have been
related to the disappearance, though it is not clear that the main reason has been
such disappearance; therefore, it is not appropriate to determine a specific amount
in that regard.
209. Regarding the health treatment for the next-of-kin, even though they did not
furnish any data as to the costs of the medical treatment of Mrs. Castro Cachay de
Anzualdo, the Tribunal assumes that the family paid for them, in order to determine
the compensation corresponding to pecuniary damage. As to the psychological
treatment of the son of Marly Arleny Anzualdo Castro, the Court notes that no receipt
or estimation in this connection was submitted; besides, the Commission and the
representatives did not include him as beneficiary of the reparations in their claims.
Therefore, the Tribunal shall not determine compensation in that regard.
210. The Court bears in mind that the Anzualdo family has not preserved the
supporting documentation of the expenses mentioned, which is reasonable after the
lapse of more than 15 years since the disappearance; therefore, the Court equitably
determines the amount of US$ 15.000,00 (fifteen thousand dollars of the United
States of America). This sum must be delivered to Mr. Félix Anzualdo Vicuña, who
shall distribute it among the members of his family, as it may correspond.
D.1.ii) Loss of Income
211. The representatives considered that the standard of lost of income must be
applied to the instant case, since Mr. Anzualdo Castro is still disappeared and, should
he not be, he would live for another 43 years, given that the life expectation at the
time of the events was of 67.88 years; therefore, he would have finished his studies
in the first semester of 1995 and he would have begun his career as economist in
that same year. Even though the updated loss of income would amount to US$
124.273, 00 based on the minimum salary in Peru from 1994 to 2008, the loss of
income in the instant case would be of US$ 248.546,00 given the minimum salary of
an employee in the area of financial intermediation and business in Peru237.
Considering a deduction of 25% from such amount as personal expenditure, the
representatives requested the Court to order the State to pay the next-of-kin of
Kenneth Ney Anzualdo Castro the amount of US $186.410, 00 as loss of income.
212. The State claims that it is not appropriate to cover the compensation for the
victims and that, according to the formula used by the representatives, “a very long
period was assumed as a period of constant income, which is not in accord with the
reality of [such] country, taking into account unemployment.” Furthermore, it claims
237
They pointed out, as criterion, the Monthly Basic Pay Table for the professional sector in Peru for
the years 1995 to 2007, published by the International Labour Organization (record of evidence, volume
VIII, pages 3041-3053).
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