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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