54
182. The distribution of compensation among the relatives of Mr. Bernabé BaldeónGarcía for the pecuniary and non pecuniary damage sustained by the latter will be as
follows:103 a) fifty per cent (50%) of said compensation will be distributed in equal
parts among the children of the victim; and b) the remaining fifty per cent (50%) will
be delivered to Mrs. Guadalupe Yllaconza-Ramírez, wife of the victim at the time of
his death.
B)
PECUNIARY DAMAGE
183. The Court shall herein address the pecuniary damage, which involves the loss
of, or detriment to, the income of the victims, the expenses incurred as a result of
the events and the pecuniary consequences that may have a cause-effect link with
the events in the instant case for which, if applicable, the Court fixes a compensatory
amount seeking to redress the economic consequences of the violations that were
determined in this Judgment,104 considering the acknowledgment of the claim made
by the State, the circumstances of the case, the evidence presented, the Court’s
precedents and the arguments of the parties.
a)
Loss of Income
184. In the instant case, it has already been established that Mr. Baldeón-García
was 68 years old at the time of his death and that he was a rural worker (supra
paras. 72(14) and 72(15)).
185. This Court notices that the evidence on the records of the case is not
adequate to determine with accuracy the income of Mr. Baldeón-García at the time
the events occurred. In that respect, and considering the activities carried out by
the victim to earn his living, and the circumstances of the case, the Court fixes on
equitable grounds the amount of US$ 5.000,00 (five thousand United States Dollars)
to be received by Mr. Baldeón-García as compensation for loss of income. Said
amount must be delivered as established in paragraph 182 of this order.
b)
Pecuniary damage sustained by the Family
186. This Court has granted compensation for pecuniary damage to the family in
those cases where, although there is a suitable method to accurately assess the
amount or value of the damage sustained, the nature of the events reflect a
pecuniary detriment characterized by: a substantial change in life quality and
conditions as a direct consequence of events attributable to the State; expenses
incurred as a result of the exile o relocation of the household; expenses incurred
upon social reincorporation; expenses incurred to return to employment lost due to
the State’s violations; expenses related to loss of education opportunities; loss of
possessions, and any detriment to the physical, psychical and emotional health of
the injured family.105
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 240; Case of Blanco-Romero et al.,
supra note 7, para. 72; and Case of the “Mapiripán Massacre”, supra note 1, para. 259.
104
Cf. Case of Acevedo-Jaramillo et al., supra note 6, para. 301; Case of López-Álvarez, supra note
6, para. 192; Case of the Pueblo Bello Massacre, supra note 6, para. 246.
103
Cf. Case of Gutiérrez-Soler, supra note 4, para. 78; Case of Molina Theissen. Reparations (art.
63(1) American Convention on Human Rights). Judgment of July 3, 2004. Series C No. 108, paras. 59
and 60; and Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 88.
105
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