232. Lastly, they indicated that Ms. Shirley Lourdes Quiñonez Bone lost the motorboat she
owned, since it was seized by the National Navy. They indicated that said property was
returned to her in the year 2000, at which time repairs had to be made; however, in 2016,
the National Navy seized the boat again. The victim generated approximately USD$21,000.00
(twenty-one thousand U.S. dollars) in profit per year. Therefore, they indicated that it is
possible to calculate that over the course of four years she failed to receive USD$84,000.00
(eighty-four thousand U.S. dollars), an amount that they claim as loss of profits in her favor.
233. The State it argued that to make this calculation, the evolution of wages since 2000
must be taken into account, as well as the real amounts that the victim "actually received"
and based on "official national sources." It added that no document was presented proving
that the injuries suffered by Andrés Alejandro and Sebastián Darlin Casierra Quiñonez limited
their income. As to the compensation for Ms. Shirley Lourdes Quiñonez Bone, they argued
that this claim was not mentioned during the proceedings before the Commission, so it should
be dismissed.
234. As to the claim for compensation for loss of profits or loss of income for Luis Eduardo
Casierra Quiñonez, the Court notes that it does not have sufficient information to determine
the income that he actually received from his work as a fisherman and the income that he
would have received during the years following his death. Consequently, the Court orders, in
equity, the payment of USD$50,000.00 (fifty thousand U.S. dollars of the United States of
America) for loss of earnings for Luis Eduardo Casierra Quiñonez, to be paid to María Ingracia
Quiñonez Bone and Cipriano Casierra Panezo. 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.
235. Regarding the claim for loss of earnings for Andrés Alejandro and Sebastián Darlin
Casierra Quiñonez, the Court finds that it is not appropriate to grant the request, given that,
as the State mentions, there is no evidence to establish that the injuries produced would have
affected their income over the years. It should be added, in the specific case of Mr. Andrés
Alejandro Casierra Quiñonez, that although the representatives argued that he suffered from
a "permanent disability," added to the fact that no evidence was provided to corroborate it,
the State reported that, according to the records of the national authorities in the health field,
the victim has not initiated the "Disability Qualification Procedure," and that, despite having
been informed about it, apparently indicated that said procedure "is not of his interest." 176
This determines the inadmissibility of a reparation in this sense.
236. Turning to the claim made in favor of Mrs. Shirley Lourdes Quiñonez Bone, there is also
no information to corroborate what was alleged by the representatives and, in this case, to
support the determination of the income that was allegedly lost as a result of the damages
caused to the boat owned by her. In any case, the Court understands that this claim was
satisfied through consequential damages, as resolved above (supra para 228).
G.2. Non-pecuniary damages
237. The representatives have said that the damage suffered as a result of the death of
Cf. Report on the health care provided to Andrés Alejandro Casierra Quiñonez, signed by authorities of the
08D03 MAS Health District on February 25, 2022 (evidence file, volume XIII, folios 11097 to 11100).
176
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