4
12.
According to the Commission, the Costs and Expenses [daño emergente] include the
expenditures incurred by the victims' relatives and the survivors as a direct consequence of
the events. This heading includes expenditures incurred in their legal and administrative
representations in Peru, medical expenses, photocopies, telephone calls and other expenses
relating to legal assistance. The Commission estimates the overall expenditures incurred by
the victims' next of kin at US$6,300.00, an amount which it deems “a reasonable
assessment of the expenditures incurred by the victims' families on their numerous trips to
Lima, and their many representations to the Peruvian State in connection with the instant
case.” The Commission requests that this estimate be divided equally among the three
families; that is, US$2,100.00 to each of them.
13.
The Commission maintains that “loss of earnings” includes any “income that the
dependent relatives would have received from the victim during the latter's lifetime.” “Loss
of earnings” was determined by the minimum wage at the time the events occurred -June
1986 - and includes “general wage increases during the period (2% per annum), taking into
account life expectancy in Peru (sixty-seven years).” The amount requested by the
Commission for each family is estimated in dollars, “a currency with stable purchasing
power, it being understood that it may be paid in Peruvian Soles at the rate of exchange in
effect on the date of payment.”
14.
Under the “loss of earnings” heading, the Commission specifically requests the
following amounts:
For the relatives of William Zenteno-Escobar:
US$172,958.35 to be distributed among the following family members at the discretion of the
Court: Norma Yupanqui Montero, spouse; Erika Claudia Zenteno, daughter: Edith Valia
Zenteno, daughter, and Milagros Yoisy Rodríguez, daughter of William Zenteno-Escobar by
Mrs. Julia Rodríguez- Zenteno.
For the next of kin of Edgar Zenteno-Escobar:
US$148,036.16 to be distributed among the following family members at the discretion of the
Court: Corcenio Zenteno-Flores, father; Aurea Escobar de Zenteno, mother, and Jack and
Franz Zenteno-Escobar, brothers.
15.
In view of the Commission's unavailing efforts to determine the whereabouts of Mrs.
Aquilina M. Tapia de Neira and her three children, it requested the Court to arrange for the
amounts allocated to those persons to be deposited in a bank account, in the name of Mrs.
Neira- Alegría, in a currency with stable purchasing power, and requested that the Peruvian
Government publicize the ruling and the next of kin's entitlement to the indemnity to be
determined by the Court, through regular announcements in widely-circulated newspapers
and on nationwide broadcasting stations. The Commission added that the indemnification
could only be effected on the presentation of proof of kinship by the victim's relatives.
16.
The Commission considers the suffering inflicted on the relatives of the victims as a
result of their deaths to be moral damages, which are evident in the “violent and brutal
manner in which the three persons were killed by agents of the Peruvian State.” With
regard to the adverse psychological consequences that the disappearance of persons can
have on their next of kin, the Commission maintains that the minor child, Erika Claudia
Zenteno-Yupanqui, daughter of William Zenteno- Escobar, has been the most seriously
affected by her father's death and is receiving medical and psychological treatment in Lima.
The Commission estimates the moral damages, based on the judgments on compensation
rendered by the Court in the Velásquez Rodríguez and Godínez Cruz cases, at