129. The Commission requested the Court to, where applicable, establish
the sum, in equity, for compensation that corresponds to the pecuniary
damaged caused as a consequence of the violations alleged in the application.
In its brief of motions and pleadings, the representative requested, in relation
to Ms. Francisca Mercedes Vera Valdez, “for pecuniary damages” to set a
value of US$ 30,000.00 dollars of the United States of America. In relation to
Mr. Pedro Miguel Vera Vera, the representative did not formulate any request
in the brief of pleadings and motions, but did generally state that “a balancing
system should be taken into account [, …among others] that includes a
minimum wage in force in the country, that is not below what the basic food
basket was at the time of the facts of the present case.” However, in the final
arguments, the representative requested the Court to establish the sum, in
equity, of “a reasonable amount for pecuniary damage,” taking into account
the minimum wage of a worker, “which to date” is of US$ 264.00 dollars of
the United State of America per month “as well as a food basket of US$
360.00 dollars of the United States of America.
130. The State noted that “the costs incurred by the family members of the
victims should be justified in an appropriate manner, as they were attended
by the State, in public hospitals, those of which do not charge and therefore
medical costs were not mentioned.” Likewise, it argued that the pretensions
of the representatives “are not in any way related to the […] amounts that
have been foregone, because Mr. Pedro Vera dedicated himself to unlawful
activities.”
D.1.2. Considerations of the Court
131. In the first place, the Court noted that the representative did not
provide evidence to support the amounts designated as minimum wage in the
country at the time of the incident or regarding his probable life expectancy,
pursuant to the allegations. Nevertheless, for the violations found in this
Judgment to the detriment of Mr. Pedro Miguel Vera Vera, the Court decides
to set, in equity, the amount of US$ 20,000.00 (twenty thousand dollars of
the United States of America) for pecuniary damage, which must be
distributed to Ms. Francisca Mercedes Vera Valdez. This amount must be paid
within the time established by the Court for this purpose (infra para. 146 and
147).
132. On the other hand, the Court does not count on evidentiary elements
that account for the amounts afforded by Ms. Francisca Mercedes Vera Valdez
in order for her son to receive medical care in the Detention Center of Santo
Domingo de los Colorados and at the two hospitals were he was attended.
(supra paras. 56, 69, 71, and 73). Nevertheless, as noted in this Judgment
(supra para. 56, 67, 69, 71, 73), the Court established those facts as proven.
The Court also includes in this section the attorney costs incurred by Ms. Vera
Vera’s when she sought to have her son transported to a hospital in order for
the bullet to be removed (supra para. 58 and 60). The Court also takes into
account pursuant to a question asked at the public hearing, the
representative expressed that the next of kin of Mr. Vera Vera do not have
receipts of the costs incurred at the time, which the Court deems reasonable
given the facts established in this Judgment. As such, the Court decides to
49
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents