83
1972, the said victim “was in Camiri, Santa Cruz, where he registered his layer’s office;
namely, he worked as an independent lawyer.” In this regard, in its final written
arguments, the State alleged that Mr. Ibsen Peña never received a salary from COB,
because all the legal advisers of this organization “provide their services ad honorem.”
Also, it indicated that, in YPFB, Mr. Ibsen Peña occupied the posts of “auxiliary,
Responsible for Benefits and Responsible for Medical Benefits” and was remunerated in
Bolivian pesos, not in United States dollars. Consequently, the State alleged on an initial
procedural occasion, that the sum corresponding to Mr. Ibsen Peña for loss of earnings was
US$12,865.12 (twelve thousand eight hundred and sixty five United States dollars and
twelve cents), calculated on the basis of the minimum national wage of Bs. 647 (six
hundred and forty-seven bolivianos) and the 14.5 years that remained of his working life,
taking into account his personal expenses by deducting 25% of the total amount.
Subsequently, the State modified this sum, and offered the amount of US$13,572.00
(thirteen thousand five hundred and seventy-two United States dollars) owing to the
increase of the national minimum wage in force, established at Bs. 679 (six hundred and
seventy-nine bolivianos) at the date of the submission of its final written arguments.
270. This Court has established that, on May 1972, Mr. Ibsen Peña registered his
lawyer’s office281 in Camiri, Santa Cruz, and that he was 47 years of age at the time of his
unlawful detention on February 1973 (supra para. 106). However, the Court observes that
the representatives have not provided documentary evidence that would allow the Court to
verify the salary or fees that Mr. José Luis Ibsen earned at that time. Regarding the
monthly salary allegedly received from the Bolivian Labour Headquarters, the case file
contains a certification issued by the Executive Committee of the “Departamental Labour
Headquarters” which reveals that the said victim “provided his services as a legal adviser
[to said organization] from the end of the 1960s to the beginning of the 1970s.” However,
“the specific dates and conditions […] of his advisory services” are not available, owing to
the “numerous occasions [… on which the] offices [of the organization] were intervened
and searched by the current totalitarian governments.”282 Likewise, the case file contains
an order of April, 2010 of the National Executive Committee of the Bolivian Labour
Headquarters stating that said organization “has never paid its legal advisers, […] because
they have all worked ad honorem.”283 On the other hand, the Court does not have
sufficient elements to establish the salary that Mr. Ibsen Peña would have received from
YPFB for his legal advice services. The evidence provided to the Court merely reveals that
he occupied different posts in this company from 1964 to 1968, as well as in 1971; none of
a legal nature.284
271. Consequently, this Court decides to establish, in equity, the sum of US$75,000.00
(seventy-five thousand United States dollars) or its equivalent in bolivianos, for pecuniary
281
On September 10, 1970, José Luis Ibsen Peña received the Law, Political and Social Sciences Degree by
the “Gabriel René Moreno” Autonomous University, in Bolivia. Cf. Copy of the Law, Political and Social Sciences
Degree of José Luis Ibsen Peña, issued by the “Gabriel René Moreno” Autonomous University, on September 10,
1970 (case file of appendixes to the application, appendix 13, folio 1782, and case file of appendixes to the brief
of pleadings and motions, PD-16, folio 1570).
282
Cf. Certification of the Departamental Labour Headquarters Attached to the C.O.B, on May 24, 2010
(case file on the merits, volume IV, folio 1503).
283
Cf. Order of the National Executive Committee of the Bolivian Labour Headquarters addressed to the
Foreign Relations Minister (case file on the merits, volume III, folio 915).
284
Cf. Monthly payrolls of salaries and day´s wages from 1964 to 1968 and 1971 of the Staff Division of
Bolivian Oilfields (appendixes to the final arguments of the State, volume III, folio 20870 bis).
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