48
Pecuniary damage
The arguments of the next of kin
128. Under the general heading of pecuniary damage, the next of kin of William
Otilio González Rivera included two items in their brief of March 23, 1999:
a)
the victim’s loss of earnings as a vegetable seller with a monthly
income of about Q6,000.00 (six thousand quetzales) from his business;
calculated from the time of the facts, this would amount to Q792,000.00
(seven hundred and ninety-two thousand quetzales).
According to his
father’s statement at the public hearing, his monthly income was Q500.00
(five hundred quetzales). In addition, the damage caused to the family
patrimony, because the victim provided financial support to his parents; and
b)
other expenses that the next of kin incurred, in particular, the transfer
of the victim’s body, the funeral expenses and the loss of the victim’s
business and, consequently, the inventory, for a total of Q120,000.00 (one
hundred and twenty thousand quetzales).
The Commission’s arguments
129. Under the general heading of “pecuniary damage”, the Commission indicated
the following in its briefs of August 31, 1998, and August 2, 1999:
a)
regarding the loss of earnings of William Otilio González Rivera, it
underlined that the life expectancy of a man in Guatemala was 46.53
additional years, that the victim worked in his own business selling vegetables
at the time of the facts and that his companion, his sons and his parents, to
whom he provided financial assistance, depended on his income. In its first
brief, the Commission indicated that, according to the International Labor
Organization data, in 1988 a worker in the retail/wholesale sector would have
had a monthly wage of Q434.82 (four hundred and thirty-four quetzales and
eighty-two cents). However, as he owned his vegetable stall, it calculated his
income at Q500.00 (five hundred quetzales) and requested an indemnity of
US$51,679.55 (fifty-one thousand six hundred and seventy-nine United
States dollars and fifty-five cents). In its second brief, the Commission
endorsed the arguments of the next of kin and added that the victim’s
monthly income, adjusted to its current value was Q6,000.00 (six thousand
quetzales). From the amount resulting from the previous calculation, 25%
should be deducted for personal use and the corresponding interest should be
added; and
b)
with regard to other expenses, the Commission indicated that the
victim’s father went to Guatemala City to search for his son, to lodge a
complaint about the abduction, to claim the remains of the victim and to
transfer the body to Jutiapa; that he defrayed the funeral expenses which
amounted to Q1,000.00 (one thousand quetzales); and that the victim lost
his vegetable stall and also the money that he was carrying, for a total of
Q7,000.00 (seven thousand quetzales). In its brief with additional comments,
the Commission endorsed the arguments of the next of kin and supported the
amount that they had indicated, that is a total of Q120,000.00 (one hundred
and twenty thousand quetzales).
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