70
i)
it is necessary to add to the items for damnum emergens and lost
earnings the accruing interest to protect the value of said amount up to the
time of its payment.
Pleadings of the State
204. Regarding to claims made by the Commission regarding reparations, the
State expressed, in general terms, that “it accepts the responsibility for the crime
committed by [its] police agents, and therefore it will jointly and severally provide
reparations for the injuries caused.”
Considerations of the Court
205. In this section, the Court will establish the pecuniary damages, based on the
loss or reduction of earnings of the victims and, where appropriate, of their next of
kin, and on the expenses incurred by the latter as a consequence of the facts in the
instant case.148
a)
Lost earnings
206. In the instant case, the Court has deemed it proven that Rafael Samuel and
Emilio Moisés Gómez Paquiyauri were students at the time of the facts. While it has
been argued that both Rafael Samuel and Emilio Moisés Gómez Paquiyauri did some
occasional jobs repairing ships, the Court does not have sufficient evidence to
estimate exactly how much they earned. However, the Court deems it reasonable to
assume that both would have entered the job market actively once they finished
studying. In view of the above, the Court sets in fairness the amount of US$
100,000.00 (one hundred thousand United States dollars) as compensation for the
lost earnings of Rafael Samuel Gómez Paquiyauri, and US$ 100,000.00 (one hundred
thousand United States dollars) as compensation for the lost earnings of Emilio
Moisés Gómez Paquiyauri. These amounts must be distributed pursuant to the
provisions of paragraphs 199 and 200 of the instant Judgment.
b)
Damnum emergens
207. After analyzing the information received, as well as the jurisprudence of the
Court and the facts of the case, the Court deems that compensation for pecuniary
damages must also include an amount of money for the expenses incurred by the
next of kin of Rafael Samuel and Emilio Moisés Gómez Paquiyauri, due to their death,
including the funerary expenses of both victims; the medical treatment required by
the siblings of the victims, Lucy Rosa and Miguel Ángel Gómez Paquiyauri, as well as
their mother, Marcelina Paquiyauri Illanes de Gómez; and any expenses for
psychological treatment incurred by or in which the next of kin will incur due to the
injury caused by the violations committed by the State.
208. In this regard, the Court deems it appropriate to set, in fairness, US$
40,500.00 (forty thousand five hundred United States dollars) as compensation for
damnum emergens. This amount must be given to Ricardo Samuel Gómez Quispe
148
See Case of Maritza Urrutia, supra note 5, para. 155; Case of Myrna Mack Chang, supra note 5,
para. 250; and Case of Juan Humberto Sánchez, supra note 15, para. 162.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents