15
a)
The lucrum cessans is all the income the victim could have earned
starting in 1997, the year after receiving his biology degree, had he not been
detained and incarcerated by the State; the Commission’s view was that the
amount sought by the victim’s representatives was a “reasonable estimate of
these damages”;
b)
In the case of damnum emergens, defined as the damage directly
caused by the events of the case, the Commission refers to the sums41
requested by the victim’s representatives, which it believes is a reasonable
assessment of the expenses the members of the victim’s family incurred since
February 1993.
The State’s arguments
45.
Given the circumstance reported in paragraph 31 of this Judgment, the Court
is not including any reference to the arguments contained in the State’s brief of
comments on reparations, because that brief was filed after the deadline had
expired. It will, however, include the arguments made by the State at the public
hearing and its written conclusions on the matter of reparations.
46.
In its arguments on reparations, the State observed that:
a)
The Court has been very evenhanded in determining compensation for
pecuniary damages; it asked for a careful analysis of any reparations that
may be owed and of the amount of compensation set, bearing in mind the
principles of reasonability and proportionality. In this case, moreover, the
victim does enjoy the right to life and that fact alone sets it apart from other
cases; and
b)
For the Peruvian State, full compliance with a reparation to redress the
injury caused would only be possible if the victim was within the national
territory, since the State has the technical and operational wherewithal to
provide the victim with medical treatment and university instruction through
specialized institutions. However, because Mr. Cantoral Benavides currently
resides in Brazil and “refuses […] to return to Peru,” the State would be
unable to pay for certain expenses and provide medical treatment in a foreign
territory.
The Court’s considerations
47.
Based on the information it received in the present process, the facts
considered proven, and its jurisprudence constante, the Court finds that the
compensation for pecuniary damages in the present case should include the items
indicated below.
48.
In the matter of lucrum cessans, the victim’s representatives asked the Court
to factor in the salary of a professional in biology. It is proven fact that at the time
he was detained, Luis Alberto Cantoral Benavides was a biology student; he was
expected to graduate with a degree in biology in 1996; at the time of his detention
he did not have a permanent job, but was doing informal teaching work that allowed
41
According to the Commission, the sums in question total US$6,670.00 (six thousand six hundred
seventy dollars of United States of America), plus the interest accrued thereon.