68
167.
168.
169.
170.
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
Cecilio Tecú Chajáj
Lorenza Tecú Chajáj
Pedro Tecú Manuel
Bartolomé Tecú Manuel
Carlota Tecú Manuel
Victoria Tecú Manuel
María Antonia Tecú Morales
Paulina Tecú Morales
Gregorio Tejeda Orellana
Bartolo Tejeda Orellana
Isabel Tejeda Orellana
Hilaria Tejeda Orellana
Antonio Tejeda
Everildo Tejeda
Lázaro Alvarado Raxcacó
B) PECUNIARY DAMAGE
Arguments of the Commission
69.
The Commission alleged that:
It is difficult to calculate the pecuniary damage caused to the members of the
Plan de Sánchez community, owing to the years that have elapsed, the oral
tradition characteristic of their culture, which explains the impossibility of
finding documents authenticating the material losses they suffered, and the
type of financial and agricultural economy of the community, where they
ceased to farm for many years;
a)
The indirect damage includes the patrimonial damage suffered as a
consequence of the massacre and the expenses which the victims or their
next of kin incurred as a direct result of the events. The inhabitants of Plan de
Sánchez never recovered the property they lost;
b)
The “loss of earnings” should be determined justly and fairly, bearing
in mind the wages that the victims failed to perceive as a result of the
violation of their right to life, taking into account their age at the time of
death, the number of years before they could hope to reach the average life
expectancy in Guatemala and the minimum wage in force. An amount must
also be determined, in fairness, for the “loss of earnings” of the survivors and
the next of kin of the victims who were extrajudicially executed in the
massacre, for the damage they were caused; and
c)
Regarding the amount of the compensation for pecuniary damage to
which the next of kin of the victims have a right, the Commission refers to the
request made by the representatives and asks the Court to determine this in
fairness.
Arguments of the representatives
70.
The victims’ representatives indicated that:
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