69
a)
The indirect damage should be calculated based on the losses caused
by the massacre to the families who lived in Plan de Sánchez at that time;
namely, 40 households. These families lost their homes, domestic animals,
basic grains, farm animals, clothes, cooking utensils, and furniture. The cost
of each of these items in the market of the municipal capital of Rabinal and
the cost of housing provided by “Hábitat Guatemala” should be used to
calculate the amount of this compensation. Accordingly, they requested the
Court to establish, in fairness, for indirect damage, the amount of
US$7,062.78 (seven thousand and sixty two United States dollars and
seventy-eight cents) for each household, which amounts to US$282,511.20
(two hundred and eight-two thousand five hundred and eleven United States
dollars and twenty cents) for the 40 households;
b)
The inhabitants of Plan de Sánchez, and of the communities of Concul,
Chipuerta, Joya de Ramos, Raxjut, Volcanillo, Chichupac, Coxojabaj, Las
Tunas, Las Minas, Las Ventanas, Ixchel, Chiac and Rabinal, victims of the
massacre, were farmers; most of them farmed their own land, which was of
different dimensions. They used the product of their harvest for their own
subsistence and sold any surplus; their earnings depended on variables, such
as the size and quality of their land, and market prices;
c)
After the events of July 1982, the survivors of the massacre who had
lived in Plan de Sánchez were obliged to displace outside the community, had
no access to any income, and were forced to patrol in the PAC from 1985 to
1996. The next of kin of those executed in the massacre who did not live in
Plan de Sánchez were also obliged to carry out patrols from November 11,
1981, until 1996;
d)
The loss of earnings should be calculated on the basis of the minimum
wage for agricultural activities in force in Guatemala in 2004, because its
increase has not been constant as regards the quetzal’s devaluation in
relation to the dollar and, owing to the dimensions of the case, it is not
feasible to make specific calculations according to the yearly variations in the
minimum wage. To this should be added the payment of social benefits
according to Decree 76-78, in force since 1978;
e)
For “loss of earnings,” the Court should establish a total of
US$1,901,643.80 (one million nine hundred and one thousand six hundred
and forty-three United States dollars and eighty cents). This amount should
be divided into US$466,143,80 (four hundred and sixty six thousand one
hundred and forty-three United States dollars and eighty cents)
corresponding to the 40 survivors who lived in Plan de Sánchez at the time of
the facts and US$1,435,500.00 (one million four hundred and thirty-five
thousand five hundred United States dollars) for the 150 next of kin of those
executed in the massacre who lived in other communities; and
f)
The State should set up a survivor identification committee to identify
all those with a right to reparation; and also establish an adequate reserve
fund, so that, when these people have been identified, it contains
US$11,204,530.00 (eleven million two hundred and four thousand, five
hundred and thirty United States dollars) to pay the amounts that the Court
orders for pecuniary and non-pecuniary damages to the beneficiaries of the
judgment.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents