83
DETERMINATION OF REPARATIONS
157. In accordance with the evidence gathered during the various stages of the
proceeding and in light of the criteria established by this Court in its case law, the
Court will now analyze the claims submitted by the parties in this stage of the
proceeding, with the aim of determining the measures of reparation pertaining to
pecuniary and non-pecuniary damage and other forms of reparation.
A) PECUNIARY DAMAGE
Pleadings of the representatives of the victim
158. The representatives of the victim asked the Court to consider the following
points to establish compensatory indemnification:
a)
lost earnings of Juan Humberto Sánchez as a telecommunications
technician, in addition to other benefits such as severance pay, vacations,
Christmas bonus and educational bonus, with the respective deductions for
personal expenses. This item is estimated to be US$4,501.14 (four thousand
five hundred and one United States dollars and fourteen cents);
b)
the expenses incurred by the Sánchez family and Domitila Sánchez
Argueta, companion of Juan Humberto Sánchez, to obtain information on the
facts stated in the claim, including extra-legal expenses for transportation,
per diem allowance, medical treatments, estimated to be US$5,427.25 (five
thousand four hundred twenty-seven United States dollars and twenty-five
cents);
c)
the expenses for psychological treatment to overcome the traumas
caused by the violations, as regards the mother, the stepfather and Domitila
Vijil, sister of the victim, for which the State must pay US$3,000.00 (three
thousand United States dollars) as an amount established in fairness by the
Court; and
d)
reparation to the sisters of the victim, Domitila Vijil Sánchez and Reina
Isabel Sánchez, who lost their jobs due to the constant steps they had to take
with the aim of rendering testimony before the Inter-American Court.
Pleadings of the Commission
159.
With respect to pecuniary damage, the Commission argued that:
a)
estimates of the damage in cases pertaining to the violation of the
right to life refer to the income that the victim would have obtained during his
lifetime of work. In this regard, the amount of lost earnings to be
compensated for follows from the average of what the victim earned at the
time of the facts as a radio operator and what persons with similar activities
as those the victim might be carrying out earn today, with a 25% deduction
for his personal consumption; it is also necessary to add the interest from the
date when he died to the date when payment is made, so as to preserve the
value of the salaries not received, at the same time that the sum of future
losses should be deducted from the current value; and
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