40
category or those categories will be added proportionately to the part corresponding
to the other(s).
162. In the case of the next of kin of the victims who are eligible for the compensation
established in this judgment, and who have died or who die before they receive their
respective compensation, it shall be delivered to their successors, according to the
applicable domestic law.
B) Compensation
163. The Court will proceed to determine the pertinence of granting pecuniary reparations
and, if applicable, the amounts.
164. However, before doing so, the Court takes note of the State’s observations in the
brief answering the application to the effect that “regarding the pecuniary reparations
resulting from the determination of the responsibilities of the Peruvian State, it proposes
that the amounts be established according to the policies that the State is already
implementing or is about to implement by law and/or administratively,” and that the “State
will apply Act No. 28,592 to the next of kin of the ten [sic] persons affected; this Act creates
the Integral Reparation Program(PIR), and the regulations in force. It does not consider that
it should accept any additional amount as financial compensation.” These arguments,
drafted in various different ways, are retained in its final arguments.
165. First, the Court wishes to recall that all aspects of the obligation to repair are
regulated by international law.117 Also, the Court appreciates the State’s intention of
implementing policies on reparation under domestic law through an integral program,
enacted as a law. However, as it has previously, the Court notes that in this case there is no
evidence or any probative element that Act No. 28,592 creating the Integral Reparation
Program (PIR) has been applied in this case. Consequently, the Court will not examine this
argument or analyze the scope of this law.118
B(1) Pecuniary damage
166. The Court recalls that pecuniary damage supposes the loss of the income that the
deceased victim would have perceived during his probable lifetime, the expenses incurred
owing to the facts, and the consequences of a pecuniary nature that have a direct causal
connection with the facts of the case.119
167. Regarding the loss of income of Saúl Cantoral-Huamaní, in their brief with requests,
arguments and evidence, the representatives provide a calculation, taking into account
different elements such as his age, life expectancy in his specific case, his monthly
remuneration as “a welder (level A) of Hierro Peru” and other monetary benefits, and the
retirement age in the mining sector. In relation to the loss of income of Consuelo GarcíaSanta Cruz, the representatives make a calculation based on similar criteria: age, life
117
Cf. Case of Velásquez-Rodríguez v. Honduras. Compensatory damages (Art. 63(1) American Convention
on Human Rights), supra note 114, para. 30; and Case of Aloeboetoe et al. v. Suriname. Reparations (Art 63(1)
American Convention on Human Rights). Judgment of September 10, 1993. Series C No. 15, para. 44. Cf. also
Case of the Rochela Massacre v. Colombia, supra note 8, para. 226; Case of La Cantuta v. Peru, supra note 8,
para. 200; and Case of the Miguel Castro-Castro Prison v. Peru, supra note 6, para. 415.
118
Cf. Case of La Cantuta v. Peru, supra note 8, para. 212.
119
Cf. Case of Bámaca-Velásquez v. Guatemala. Reparations ((Art. 63(1) American Convention on Human
Rights). Judgment of February 22, 2002. Series C No. 91, para. 43. Cf. also Case of La Cantuta v. Peru, supra note
8, para. 213; Case of Goiburú et al. v. Paraguay, supra note 72, para. 150; and Case of Montero Aranguren et al.
(Catia Detention Center), supra note 72, para. 126.
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