65
iii.
Instability in the production and marketing of this product
increased the cost of credit in many cases, and this prejudiced the
economy of Guatemala and other countries of the hemisphere. As of
the 1990s, coffee production in Guatemala has been experiencing
great difficulties.
Considerations of the Court
a)
Loss of earnings
105. The Commission and the representatives requested compensation for the loss
of the earnings of Messrs. Carpio Nicolle, Villacorta Fajardo, Ávila Guzmán and Rivas
González.
i.
Jorge Carpio Nicolle
106. The representatives indicated that Mr. Carpio Nicolle, who was almost 61
years old at the time of his death, did not have a salary, but an income from “El
Gráfico,” the company of which he was Director General for many years (supra para.
76(72)). The Court observes that it is difficult to calculate his monthly income,
because no appropriate vouchers were provided to determine his exact income at the
time of the facts. In this regard, taking into consideration his activities, the life
expectancy in Guatemala in 1993, and the circumstances of the case,125 the Court
establishes, in fairness, the amount of US$60,000.00 (sixty thousand United States
dollars) for loss of earnings.
ii.
Juan Vicente Villacorta Fajardo
107. The Court considers that it has been proved that the principal income of Mr.
Villacorta Fajardo, who was 57 years old at the time of his death, came from the
Monte Rosa farm, which he had owned for more than 30 years (supra paras. 76(79)
and 76(80)). However, once again, the Court indicates that it is difficult to calculate
his monthly income, since the vouchers required to determine the exact income he
received at the time of the facts were not provided. Therefore, taking into
consideration his activities, the life expectancy in Guatemala in 1993, and the
circumstances of the case,126 the Court establishes, in fairness, the amount of
US$60,000.00 (sixty thousand United States dollars) for loss of earnings.
iii.
Rigoberto Rivas González
108. Mr. Rivas González, who was almost 45 years old at the time of his death,
and who was responsible for Mr. Carpio Nicolle’s personal security, received a
monthly salary from “El Gráfico” of 2,200.00 quetzals, plus a bonus of 73.00
quetzals, at the time of the facts (supra para. 76(87)). Taking into consideration Mr.
Rivas González’s activities, the life expectancy in Guatemala in 1993, the salary he
125
Cf. Case of the “Juvenile Reeducation Institute”, supra note 11, para. 289; Case of the 19
Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 240; and Case of Juan Humberto Sánchez.
Interpretation of the judgment on preliminary objections merits and reparations, supra note 124, para.
56.
126
Cf. Case of the “Juvenile Reeducation Institute”, supra note 11, para. 289; Case of the 19
Tradesmen, supra note 125, para. 240; and Case of Juan Humberto Sánchez. Interpretation of the
judgment on preliminary objections merits and reparations, supra note 124, para. 56.
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