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B) PECUNIARY DAMAGES
201. In accordance with the evidence gathered during the various stages of the
proceeding and in light of the criteria set forth by this Court in its jurisprudence, the
Court will now analyze the claims filed the Inter-American Commission, the
representative of the victims and their next of kin, and the State, with the aim of
establishing the measures of reparation regarding to pecuniary damages.
Pleadings of the Commission
202. The Commission asked the Court to order the State to pay compensation for
pecuniary damages, regarding to which it stated the following:
a)
the next of kin of the victims incurred various expenses as a direct
consequence of the facts; these include funerary expenses caused by the
death of the victims, transport costs of the parents and of the brothers of the
victims to police stations and hospitals to locate the victims, and lost earnings
of the parents of the victims, who due to the grieving did not work during the
week after the death of their children;
b)
the expenses specified above amount to US$ 4,230.00 (four thousand
two hundred and thirty United States dollars);
c)
to establish the earnings lost when the alleged victims died, it is
necessary to take into account the ages of the victims at the time of their
demise, the number of years before they reached the average life expectancy
in the State, and an estimate of the salaries paid for the type of work that
they would be carrying out;
d)
Emilio Moisés Gómez Paquiyauri was 14 years old at the time of his
death and was in his third year of secondary school;
e)
Rafael Samuel Gómez Paquiyauri was 17 years old at the time of his
death, had completed his secondary education the previous year, planned to
apply to the Universidad Nacional de Ingeniería, and worked for a ship boiler
firm. Regarding to this job, the petitioners stated that, if he had continued,
Rafael Samuel Gómez Paquiyauri would have received an annual income
equivalent to approximately US$ 7,480.00 (seven thousand four hundred and
eighty United States dollars);
f)
both Emilio Moisés and Rafael Samuel Gómez Paquiyauri intended to
become professionals, and they had great possibilities of entering the
university, as their siblings did; and
g)
an adequate compensation for lost earnings must be paid to the
parents of the alleged victims, after hearing the representative of the victims
and their next of kin.
Pleadings of the representative of the victims and their next of kin
203. The representative of the victims and their next of kin asked the Court to
order the State to redress the pecuniary damages caused, taking into account the
following criteria:
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