226. Given the circumstances of the case, the Court deems it reasonable to order the payment
of compensation for consequential damages. Although no proof was provided of the expenses
incurred, it can be presumed that the victims incurred in expenses derived from the death of
Luis Eduardo and the injuries caused to Andrés Alejandro and Sebastián Darlin Casierra
Quiñonez, referring to the burial of the former and medical care of the last two mentioned, as
well as for the efforts initiated before the domestic and international instances in the search
for justice over the course of more than two decades.
227. As a result, the Court orders, in equity, the payment of USD$5,000.00 (five thousand
U.S. dollars) as consequential damages for each of the following victims: María Ingracia
Quiñonez Bone and Cipriano Casierra Panezo, mother and father of Luis Eduardo Casierra
Quiñonez. Because Mr. Casierra Panezo passed away, the corresponding amount must be
distributed in the following manner: a) fifty percent (50%) to Ms. María Ingracia Quiñonez
Bone, and if she is already deceased, her corresponding portion will increase the amounts to
be paid to the sons and daughters of Mr. Casierra Panezo, as indicated in the subsection below,
and b) the remaining fifty percent (50%) will be distributed in equal parts among the
daughters and sons of Mr. Casierra Panezo, and if one or several of said persons have already
died, the part that corresponds to such person will increase that corresponding to the other
sons and daughters. Likewise, the Court ordered the State pay Andrés Alejandro Casierra
Quiñonez the amount of USD$7,000.00 (seven thousand U.S. dollars) and Sebastián Darlin
Casierra Quiñonez the amount of USD$4,000.00 (four thousand U.S. dollars) as consequential
damages.
228. As for Ms. Shirley Lourdes Quiñonez Bone, the Court recalls that it did not declare the
autonomous violation of her right to property (supra para 129). However, it is an established
fact that the boat she owned was damaged as a result of the intervention of military agents
on the day of the events. Accordingly, although the representatives did not provide evidence
to substantiate the claim for compensation, it is clear that the aforementioned vessel, at least
during the period that the investigation of the facts lasted, was kept in the custody of state
authorities (supra para 78). In addition to this, it is a proven fact that the aforementioned
victim tried to take action before the courts of ordinary jurisdiction to persecute the persons
who allegedly perpetrated the acts against her brothers (supra para 73). Consequently, the
Court orders, in equity, that the State pay Shirley Lourdes Quiñonez Bone the amount of
USD$17,000.00 (seventeen thousand U.S. dollars).
229. If it considers pertinent and as long as the amount, term, and other established
conditions are met (infra paras. 245 to 248), the State may make the payment effective
through the implemented administrative reparation mechanisms.
G.1.2. Loss of profit
230. The representatives indicated that at the time of his death, Luis Eduardo Casierra
Quiñonez was twenty-four years old. They pointed out that, taking into account life expectancy
in Ecuador and the "current unified monthly minimum wage," and applying the formula that
the Court has established in case law, the value comes out to USD$220,800.00 (two hundred
and twenty thousand eight hundred U.S. Dollars). This is the amount they are claiming for
loss of profits to the victim's mother.
231. They indicated that, as a result of the events, Andrés Alejandro Casierra Quiñonez
suffered permanent disability in his left leg, which has affected his performance as an artisanal
fisherman. In this regard, they have requested the amount of USD$176,400.00 (one hundred
and seventy-six thousand four hundred U.S. Dollars) for said victim “or whatever [the] […]
Court decrees in equity.” As for Sebastián Darlin Casierra Quiñonez, they indicated that his
left hand was injured, for which they requested the sum of USD$133,200.00 (one hundred
and thirty-three thousand two hundred U.S. dollars) for said victim.
49