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).

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