82
indicated that the national minimum wage shall be used to determine the amount that Mr.
Ibsen Cárdenas would have earned during a working life of 32.5 years, “deducting 25% for
personal expenses.” In this way, it proposed the payment of the sum of US$29,057.00
(twenty-nine thousand and fifty-seven United States dollars) for the loss of earnings in
favor of Mr. Rainer Ibsen Cárdenas.
266. The Court observes that, in the instant case, the representatives did not provide
evidence to establish the profession that Mr. Rainer Ibsen was studying at the time of his
enforced disappearance, or the level of his studies. Moreover, they did not provide
elements that would allow the Court to verify the expectation of life and probable monthly
salary of the victim, as either a lawyer or an engineer, in order to make a reasonable
calculation of what he would have earned during his professional career. On the other
hand, the file before the Court contains a report from the Admissions and Registration
Department of the Universidad Autónoma “Gabriel René Moreno” dated April 14, 2010,
provided by the State, which indicates that Mr. Ibsen Cárdenas “is registered in the final
examinations record for the subjects of the first year of the Law Faculty for 1971 […].”
Attached to this report are photocopies of the said record in which the name of Mr. Rainer
Ibsen Cárdenas appears.280 From the foregoing, the Court finds that it can be considered
that Mr. Rainer Ibsen Cárdenas was a first-year law student at the “Gabriel René Moreno”
Autonomous University at the time of his detention prior to his enforced disappearance.
Hence, if he had graduated from Law School, Mr. Rainer Ibsen Cárdenas would have
earned a salary in accordance with his profession during his working life; namely a salary
that exceeded the minimum wage in force in Bolivia.
267. Consequently, and taking into account that Mr. Rainer Ibsen Cárdenas was 22 years
of age at the date of his forced disappearance (supra para. 74), this Court decides to
establish, in equity, the sum of US$130,000.00 (one hundred and thirty thousand United
States dollars) or the equivalent in bolivianos, for pecuniary damage, which should be
distributed in equal parts among the rightful claimants of Mr. Ibsen Cárdenas. This amount
shall be paid within the term established by the Court (infra para. 292).
b) José Luis Ibsen Peña
268. With regard to José Luis Ibsen Peña’s loss of earnings, the representatives argued
that a payment of US$300,150.00 (three hundred thousand one hundred and fifty United
States dollars) is according to law, calculated on the basis of the approximately 14.5 years
“remaining of his professional life,” and taking into account that 25% of his income shall be
used in personal expenses. Thus, they indicated that Mr. Ibsen Peña was a lawyer with a
monthly income of US$1,300.00 (one thousand three hundred United States dollars) from
the company Bolivian Fiscal Oilfields [Yacimientos Petrolíferos Fiscales Bolivianos]
(hereinafter “YPFB”), company where he allegedly worked at the time of his detention, and
US $1,000.00 (one thousand United States dollars) from the “legal advisory services” that
he provided to the Bolivian Labour Headquarters [Central Obrera Boliviana] (hereinafter
“COB”).
269. The State contested the representatives’ affirmation that Mr. José Luis Ibsen worked
as a lawyer for YPFB and COB at the time of his enforced disappearance, because on May,
280
Cf. Report N° 040/10 of the Department of Admissions and Registries of the “Gabriel René Moreno”
Autonomous University, of April 14, 2010 (case file of appendixes to the final arguments, volume II, folios
20456, 20464 and 20474). See also, Humanities graduate certificate of Rainer Ibsen Cárdenas issued by
University “Gabriel René Moreno”, on February 18, 1970 (case file of appendixes to the application, appendix 13,
folio 1783, and case file of appendixes to the brief of pleadings and motions, PD-17, folio 1572).
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