13
42.
As the term implies, reparations are measures intended to erase the effects of
the violations committed. Their nature and their amount depend on the damage
caused, at both the pecuniary and non-pecuniary levels. Reparations are not meant
to enrich or impoverish the victim or his heirs.30 Hence, the reparations ordered in
this Judgment must be proportionate to the violations that were established in the
Judgment on the merits that the Court delivered on August 18, 2000 (supra
paragraph 2).
VIII
REPARATIONS
A)
PECUNIARY DAMAGES
Arguments of the victim’s representatives
43.
The victim’s representatives requested that the State compensate Luis Alberto
Cantoral Benavides and his next of kin. They argued as follows:
a)
one factor that must be considered when estimating the lost earnings
(lucrum cessans) is that Luis Alberto was a student whose studies to become
a biologist were cut short. The victim would have completed his university
studies in 1996 and could have been working as a biologist by 1997. Based
on a reasonable estimate of what a professional starting out could earn, his
lost earnings could be calculated to be US$300.00 (three hundred dollars of
United States of America) per month. He lost that income for the four-year
period from the time of his graduation to the present, which totals
US$14,400.0031 (fourteen thousand four hundred dollars of United States of
America), plus the interest under the law;
b)
The damnum emergens in the instant case must include the monies
and personal effects lost during the house search conducted of the victim’s
residence,32 the victim’s monthly expenses for the duration of his
incarceration to purchase food,33 personal hygiene and grooming aids,34
29
Cf. Cesti Hurtado Case. Reparations, supra note 2, paragraph 34; The “Street Children” Case
(Villagrán Morales et al.). Reparations, supra note 2, paragraph 61; and The “White Van” Case (Paniagua
Morales et al.). Reparations, supra note 2, paragraph 77.
30
Cf. Cesti Hurtado Case. Reparations, supra note 2, paragraph 36; The “Street Children” Case
(Villagrán Morales et al.). Reparations, supra note 2, paragraph 63; and The “White Van” Case (Paniagua
Morales et al.). Reparations, supra note 2, paragraph 79.
31
According to the victim’s representatives, the lost earnings total the sum of US$14,400.00
(fourteen thousand four hundred dollars of United States of America), to which must be added the accrued
legal interest; that figure is based on the fact that in Peru, the minimum living wage was approximately
US$100.00 (one hundred dollars of United States of America) and a young professional can, on average,
earn several times the minimum living wage; it is, therefore, reasonable to conclude that his income
potential could be much higher still.
32
According to the victim’s representatives, these losses total the sum of US$1,500.00 (one
thousand five hundred dollars of United States of America).
33
The victim’s representatives estimate these expenses to be some US$2,600.00 (two thousand six
hundred dollars of United States of America).