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129. Based on the information received, its own case law and the facts proven, the
Court determines that the compensation for pecuniary damages in the instant case
shall include the following:
a)
A sum corresponding to the salaries that the victim ceased to receive
between the time she was detained and the date of the present Judgment.
To compute the amount in question, the Court finds that at the time of her
detention, the victim was receiving a combined salary of S/592.61 (five
hundred ninety-two and sixty-one/one hundredths soles), which when
calculated on the basis of the average of the selling and buying exchange
rates in effect as of that date, yields a total of US$339.60 (three hundred and
thirty-nine United States dollars and sixty cents). The calculation will be
made on the basis of 12-monthly salaries per year, plus a bonus of two
months’ salary for each year. The interest accruing up to the date of this
Judgment will be added and, as the victim requested, no deduction whatever
will be made for personal expenses, since, as the victim is alive, it must be
concluded that either she or members of her family paid for those expenses
for the period in question using other means. Consequently, the total for this
item is US$32,690.30 (thirty-two thousand six hundred ninety United States
dollars and thirty cents);
b)
A sum for the victim’s medical expenses during her incarceration, since
the Court considers that there is sufficient evidence to show that the
corresponding ailments began during her confinement, a fact not refuted by
the State. The evidence presented to support the figure given by the victim
for this item is not conclusive and, for the sake of equity, the Court considers
the proper course of action to be to award the sum of US$1,000.00 (one
thousand United States dollars) for medical expenses;
c)
A sum corresponding to the travel expenses incurred by the next of
kin to visit the victim during her incarceration. For equity’s sake, the Court
believes US$500.00 (five hundred United States dollars) is an appropriate
award for these expenses; and
d)
An amount corresponding to the future medical expenses of the victim
and her children, since the Court finds there is sufficient evidence to show
that her ailments began during the victim’s confinement, a fact not disproved
by the State. For the sake of equity the Court considers US$15,000.00
(fifteen thousand United States dollars) a fitting sum for the victim, and
US$5,000.00 (five thousand United States dollars) for each of her children.
130. On the other hand, the Court is dismissing the victim’s claims for
compensation of expenses to purchase groceries, articles of personal hygiene and
toiletries, materials with which to do hand work, clothing, shoes, and the education
of her children, expenses that were said to have been defrayed, at least in part, by
some members of her family. The Court finds that it has been shown that prior to
her incarceration, the victim was paying those expenses with her own funds and
would have had to pay those expenses even if she had not been incarcerated.
Therefore, the reparation ordered for lost earnings also implicitly includes the
expenses herein described.
131. The Court is also denying the claim seeking payment of an amount for the
income that Ms. Carolina Loayza-Tamayo was alleged to have lost by being forced to
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