54
149. According to the birth certificate of Pablo Corado Barrientos and the
certification of his identity card issued by the Municipal Secretary of the Public
Registry of the town of El Adelanto, Department of Jutiapa, on May 19, 2000, the
victim was born on March 10, 1963; since the victim died on February 10, 1988,
according to the judgment on merits delivered by this Court, he was 24.9 years of
age at the time of the facts.
150. This Court considers that although the identity document, issued in 1982,
shows his occupation as farm laborer, it is reasonable that, over six years, the victim
could have changed his occupation and that there was no record of this situation.
Added to this, his activity was of an informal nature, so that it was not registered.
151. The judgment of March 8, 1998, established that he was detained (together
with William Otilio González Rivera) (supra 87.5.a) at a vegetable stall in a market in
Guatemala City. In these circumstances, the Court considers that, in view of the
victim’s occupation, an amount of Q211.20 (two hundred and eleven quetzales and
twenty cents), equal to US$82.82 (eight-two United States dollars and eight-two
cents) should be accepted; this amount corresponds to the minimum wage of an
informal salesman. The calculation will be made on the basis of 12 salaries a year,
plus the corresponding annual bonuses, in accordance with Guatemalan norms
(supra 87.1.b). These are the earnings that the victim would presumably have
enjoyed during his life expectancy of 43.98 years, the period from his age at the
time of the facts until the end of the life expectancy of a man in Guatemala in 1988
(supra 87.5.c). 25% must be deducted from this amount for personal expenses. The
resulting amount must be brought to its value at the date of the judgment.
Consequently, the amount under this heading is US$32,814.00 (thirty-two thousand
eight hundred and fourteen United States dollars).
152. In view of the foregoing, and since it is impossible to grant the victim himself
compensation for the damage he suffered, it is in keeping with the criteria of this
Court (supra 84) to grant the amount of US$32,814.00 (thirty-two thousand eight
hundred and fourteen United States dollars) to the mother of Pablo Corado
Barrientos (supra 87.5.1) as the beneficiary of the victim’s loss of earnings.
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153. Compensation has also been requested for the various injuries suffered by the
next of kin of Pablo Corado Barrientos (supra 146.b), although no specific item of
expenditure has been established or proven in relation to the facts that occurred to
the victim. In fairness, this Court proceeds to establish an amount of US$2,000.00
(dos thousand United States dollars) for expenses, to be given to Juana Barrientos
Valenzuela, as the victim’s mother.
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Non-pecuniary damage
The arguments of the next of kin
154. In their brief of June 11, 1999, the victim’s next of kin claimed that it was
difficult to estimate the non-pecuniary damage caused by a crime such as that
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