74
246. The Court notes, however, that the formula used to calculate and distribute an award
for loss of income in the domestic proceedings is distinct from the formula used by this
Tribunal. This Court finds that the award for lost income includes income that the victim
would have received during his or her remaining life expectancy. That amount, therefore, is
considered the property of the deceased victim, but is delivered to his or her next of kin. For
these reasons, the Court will determine the appropriate amounts that it deems pertinent to
order.
247. The Court is satisfied that the next of kin of deceased victims Carlos Fernando
Castillo Zapata, Benhur Iván Guasca Castro and Orlando Morales Cárdenas file an
administrative claim but were not awarded lost earnings, and the next of kin of Arnulfo
Mejía Duarte did not bring a contentious administrative claim. In this regard, and in line
with its jurisprudence, the Court deems it proper to award lost earnings to each of the four
deceased victims mentioned above.
248. As it has done in other cases,244 the Tribunal determines the following awards in
equity for the loss of income of the twelve deceased victims. In doing so, the Court takes
into account such aspects as the victim’s occupation and corresponding remuneration, the
victim’s age and life expectancy, as well as the award granted him or her at the domestic
level (supra para. 245):
Deceased Victims
1. Mariela Morales Caro
2. Pablo Antonio Beltrán Palomino
3. Virgilio Hernández Serrano
4. Carlos Fernando Castillo Zapata
5. Luis Orlando Hernández Muñoz
6. Yul Germán Monroy Ramírez
7. Gabriel Enrique Vesga Fonseca
8. Cesar Augusto Morales Cepeda
9. Benhur Iván Guasca Castro
10. Orlando Morales Cárdenas
11. Arnulfo Mejía Duarte
12. Samuel Vargas Páez
Compensation for the
loss of income
US$ 280,000.00
US$ 265,000.00
US$ 230,000.00
US$ 230,000.00
US$ 160,000.00
US$ 160,000.00
US$ 150,000.00
US$ 150,000.00
US$ 150,000.00
US$ 150,000.00
US$ 100,000.00
US$ 100,000.00
249. The awards calculated in the preceding paragraph should be distributed among the
next of kin of the deceased victims, in conformity with the criteria in paragraph 237 of the
present Judgment. The State should effectuate the payment of these amounts within a
period of one year, counted from the time of service of the present Judgment upon the
State.
250. Likewise, at the moment of distributing the reparations ordered by this Court in
paragraph 248, the State may discount, for each family, the amount granted to that family
in the domestic contentious administrative proceedings for a loss of income. In the event
that the award ordered in those internal proceedings is larger than the award ordered by
244
Cf. Case of the Ituango Massacres, supra note 15, para. 373; Case of the Pueblo Bello Massacre, supra
note 12, para. 248; and Case of Blanco Romero et al., supra note 119, para. 80.
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