60
142.
d)
regarding lost earnings, Mr. Almonacid-Arellano’s current approximate
salary as a professor would be $450,000.00 (four hundred fifty
thousand Chilean pesos) per month. He died at the age of 42 and
could have retired at 65, so that at the time of his death he had 33
years of active life ahead; and
e)
we should not forget that when she witnessed her husband's murder,
Mrs. Gómez-Olivares was eight months and a half pregnant and, as a
result of the experience, she suffered a placental abruption which
caused the immediate death of the fetus.
Arguments of the State
a)
the case law originating from Chilean courts of justice is evolving
towards declaring the inapplicability of the Amnesty Decree Law in
cases of egregious human rights violations. Furthermore, by the time
of the hearing in the instant case, five bills to amend Decree Law No.
2.191 had been submitted;
b)
the Rettig report names each victim, including Mr. Almonacid-Arellano,
and after this report was disclosed, all the next of kin of the
acknowledged victims obtained reparations in the form of a reparation
voucher and a life pension, as well as reparation vouchers, educational
scholarships, and free health care services through the Programa de
Reparación y Atención Integral de Salud (Comprehensive Health
Service and Reparation Program of the Health Ministry) (PRAIS) for
the victims’ children;
c)
Mrs. Gómez-Olivares has pointed out that the reparation she has
received and shall receive is enough and that what she is seeking is
justice; therefore, the petition for additional reparation should be
dismissed as irrelevant.
Considerations of the Court
A)
Beneficiaries
143. Pursuant to Article 63(1) of the American Convention, the Court considers
Elvira del Rosario Gómez-Olivares and Alfredo, Alexis, and José Luis AlmonacidGómez as “injured party,” for being victims of the violations described in the
previous chapter of this Judgment.
144. The Court shall now proceed to determine the reparation measures it deems
appropriate for the instant case. In doing so, it shall first refer to those measures
standing closer to restitutio in integrum among the violations stated in this
Judgment, namely: the adaptation of domestic law to conform to the American
Convention and the duty of the State to continue investigating this case, identify,
prosecute, and punish those responsible, such measures being also part of the
guarantees to prevent the repetition of acts in violation of human rights. Secondly,
the Court shall refer to the financial compensation for pecuniary and non-pecuniary
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