51
173. Lastly, the Court establishes, on an equitable basis, the amount of USD$ 1,000.00
(one thousand United States dollars) to the benefit of Mr. Jacobo Kawas-Fernández, for the
expenses incurred upon the investigation of the events in the instant case.
1.ii) Loss of earnings
174. The Commission requested the Court to establish, on an equitable basis, the amount
of the compensation payable for “loss of profits”.
175. The representatives held that Mrs. Blanca Jeannette Kawas-Fernández had a
professional diploma in Commerce and Accounting (“Perito Mercantil y Contador Público”),
but was mainly involved in the management of the family’s businesses” and that at the time
of her death she was “49 years old”. Furthermore, the representatives stated that “[i]n
accordance with the report issued by the National Statistics Institute of Honduras (Instituto
Nacional de Estadística de Honduras), life expectancy for women upon birth in this country
can be established at 75.3 years […], thus leading to infer that, in ordinary conditions, Mrs.
Kawas could have lived an average of 26 years more”. Furthermore, the representatives
stated that Mrs. Kawas “earned a monthly salary of HNL 20.000, equivalent to USD$
1.050.00”. Additionally, the representatives stated that “the legislation of Honduras
contemplates two additional monthly salaries per year […] as a means for social
compensation” pursuant to legal terms and conditions. Based on the above, the
representatives requested that the State be ordered to provide compensation to the victim
in the amount of “USD$ 303,849.00 [three hundred three thousand, eight hundred fortynine United States dollars]”, obtained from multiplying the aforementioned monthly amount
and two additional monthly salaries by the 26-year life expectancy remainder, plus a 6%
interest for loss of earnings, less 25% for expenses that the victim would have incurred had
she been alive; the "total amount that [should] be paid by the State of Honduras to the
relatives of the victim as compensation for loss of earnings”.
176. For the purposes of proving the level of income of Mrs. Blanca Jeannette KawasFernández, the State submitted as documentary evidence her annual income tax return for
the year 1994,220 the year immediately preceding that of her death, “in order for the […]
Court to have sufficient evidence to establish the appropriate pecuniary damage”. The
representatives did not object to the validity or authenticity of such evidence.
177. The Court finds that the aforementioned annual income tax return reflects annual
income for Mrs. Kawas-Fernández in the amount of HNL 52,000.00 (fifty-two thousand), i.e.
approximately HNL 4333.33 (four thousand three hundred and thirty-three and thirty-three
cents) per month.
178. Based on the considerations above, and given the time elapsed since Mrs. Blanca
Jeannette Kawas-Fernández was deprived of her life and her probable life expectancy, the
Court orders the State to pay, on an equitable basis, the amount of USD$ 70,000.00
[seventy thousand United States dollars], which, pursuant to applicable judicial precedents
(supra para. 162), should be distributed equally to her children.
2) Non-pecuniary damage
220
Cf. annual income tax return of January 27, 1995 (record of appendixes to the answer to the application,
volume 3, appendix B, folio 2608).
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