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.

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