16
him to earn himself some income from time to time. Moreover, in his testimony to
the Court on September 6, 2001, the victim stated that:
[he] had practically mapped out [his] life. From the time [he] entered the University,
[…] [he] was thinking about graduating, doing a masters degree, a doctorate [.…] [He]
studied hard until that problem happened. Now practically nine years have passed and
[he] still ha[s] not accomplished that goal [….] [He] was excited and wanted to
continue and complete [his] studies [.…] [He] intended to resume [his] studies in
biology, but as a special student at the start. But to do that [he] had to take a test to
be a regular student. [He] ha[d] not managed to do this. [He] tried [to take courses]
but always had to drop out because of financial [problems].
49.
Based on the foregoing, this Court can establish the following:
a)
That Luis Alberto Cantoral Benavides should receive from the State a
minimum living wage corresponding to the period of his detention and
incarceration. Payment of the respective sums of money will compensate the
victim for the lost earnings he would otherwise have received from the
occasional teaching work referenced earlier;
b)
That the victim should receive from the State compensation for the
salary that a newly graduated biologist would have earned in the first years of
his career, for the period from the date on which Luis Alberto Cantoral
Benavides was released to the date of the present Judgment. Payment of the
corresponding sums will compensate Mr. Cantoral Benavides for the income
he did not receive.
The lucrum cessans will be figured on the basis of 12 monthly paychecks per year,
plus the corresponding bonuses, in keeping with Peruvian norms. The value of the
resulting amount must be brought current to its value as of the date of the
Judgment.42
50.
The lucrum cessans, therefore, totals approximately US$24,000.00 (twentyfour thousand dollars of United States of America). The Court, in fairness, considers
this figure to be adequate and thus orders its payment as compensation for the
corresponding damages.
51.
Based on the information received, the Court’s case law and the facts proven,
the Court finds that the compensation for pecuniary damages in the instant case
should also include the following:
a)
A sum of money for the victim’s medical expenses during his
incarceration. Because the evidence presented in support of those expenses
is inconclusive, the Court, in fairness, is ordering the sum of US$1,000.00
(one thousand dollars of United States of America) as compensation for these
medical expenses;
b)
A sum of money for the victim’s future medical expenses, as the Court
finds that there is sufficient evidence to show that the victim’s disorders
began during his incarceration and that he currently requires psychotherapy
(supra paragraph 35 e) and f) ), as shown by the expert opinions of
psychologists Ana Luiza Loureiro de Vasconcellos and Oscar Maldonado
42
The Court is using an annual interest rate of 6 %.