66
received, and the circumstances of the case,127 the Court establishes the amount of
US$50,000.00 (fifty thousand United States dollars), for loss of earnings.
iv.
Alejandro Ávila Guzmán
109. Mr. Ávila Guzmán, was almost 31 years old at the time of his death and he
was Mr. Carpio Nicolle’s personal driver; he received a monthly salary from “El
Gráfico” of 3,000.00 quetzals, plus a bonus of 150.00 quetzals at the time of the
facts (supra para. 76(85)). Taking into account Mr. Ávila Guzmán’s activity, the life
expectancy in Guatemala in 1993, the salary he received, and the circumstances of
the case,128 the Court establishes the amount of US$110,000.00 (one hundred and
ten thousand United States dollars) for loss of earnings.
b)
Indirect damage
i.
Members of Jorge Carpio Nicolle’s family
110. Martha Arrivillaga de Carpio and Rodrigo and Jorge Carpio Arrivillaga incurred
a series of expenses after the arbitrary execution of Mr. Carpio Nicolle; they
included, inter alia, the funeral expenses of the four victims, different expenses to
further the investigation into the facts, and security agents (supra para. 76(71)).
Therefore, the Court considers it pertinent to establish for Martha Arrivillaga de
Carpio, in fairness, the amount of US$25,000.00 (twenty-five thousand United States
dollars), as compensation for this concept; and US$12,500.00 (twelve thousand five
hundred United States dollars) each for Rodrigo and Jorge Carpio Arrivillaga.
111. In the case of Karen Fischer, Mr. Carpio Nicolle’s former daughter-in-law, it
has been shown that, as a result of the death of her father-in-law at the time, she
has sought justice for more than 11 years, together with Mrs. Arrivillaga de Carpio,
by taking part in the criminal proceedings in the case (supra para. 76(75)). In her
constant struggle against impunity, she has endured threats, harassment, attacks on
her life, and telephone intervention, so that, in 1994, she was forced to go into exile
in the United States with her two children who were minors (supra para. 76(75) and
76(76)). Consequently, she incurred a series of expenses to advance the domestic
proceedings, to live in exile, to cover psychological treatment for her children, and to
pay expenses related to her personal security (supra para. 76(75) to 76(78)).
Considering the particular circumstances of the case sub judice, the Court
establishes, in fairness, as compensation for Mrs. Fischer, the amount of
US$25,000.00 (twenty-five thousand United States dollars).
ii.
Mario Arturo López Arrivillaga
112. Since Mario Arturo López Arrivillaga incurred expenses for psychiatric
treatment and personal security (supra para. 76(90), the Court considers it pertinent
to establish, in fairness, as compensation for Mr. López Arrivillaga, the amount of
US$10,000.00 (ten thousand United States dollars).
127
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.
128
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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