49
The State’s arguments
130. The State contested the claims and calculations made by the next of kin of
William Otilio González Rivera and the Commission, observing the following, among
other matters:
a)
regarding the victim’s loss of earnings, it stated that he worked as a
farm laborer, because he did not appear as a tradesman in the Mercantile
Registry of the Ministry of Economy, there were no tax declarations in the
Ministry of Public Finance and no record of his tax identification number, nor
was it possible to establish whether the victim effectively owned a stall for
selling vegetables. Therefore, his occupation as a farm laborer should apply
with the minimum salary of Q199.00 (one hundred and ninety-nine quetzales)
during 20.20 years as the life expectancy (from 26 to 46.20 years of age); it
rejected the amount stated by the next of kin, as there was no supporting
evidence; and
b)
with regard to the other expenses that the victim’s family incurred, it
stated that there was no evidence to support the calculation of the expenses
that the victim’s next of kin had made under this heading. As for the funeral
expenses, it stated that there was a contradiction between the data provided
by the next of kin and the Commission, and considered that the amount
indicated by the Commission should apply, which was Q1,000.00 (one
thousand quetzales).
The considerations of the Court
131. William Otilio González Rivera was born on June 12, 1961, according to
identity card No. 15077; therefore he was 26.7 years of age at the time of his death
(supra 87.4.a). This document, which was issued on February 22, 1980, states that
his occupation was farm laborer; however, this Court considers that it is reasonable
that, over eight years, the victim could have changed his occupation and that there
was no record of this situation. In his testimony, his father, Salvador González
Najarro, stated that the victim had a vegetable stall in the capital, and worked in this
business. The State objects to recognizing that the victim was a retail salesman by
occupation. It should be added that he carried out his activity informally, and for
this reason it was not registered.
132. The judgment of March 8, 1998, established that he was detained (together
with Pablo Corado Barrientos) (supra 87.4.a) at a market stall in Guatemala City. In
view of these antecedents, the Court accepts the minimum salary for an informal
salesman for the victim, which amounts to Q211.20 (two hundred and eleven
quetzales and twenty cents), which equals US$82.82 (eighty-two United States
dollars and eighty-two cents). 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 42.37 years, the period
between his age at the time of the facts and the end of the life expectancy of a man
in Guatemala in 1988 (supra 87.4.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$32,545.00
(thirty-two thousand five hundred and forty-five United States dollars).
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