7
moral damages, for the purpose of determining the proper compensation amounts at the
appropriate stage of the process. On May 31, 1996, in response to a request from the
Court, the Commission presented a communication containing additional information.
Attached to that communication were the birth certificates of some relatives of the victims
but, as far as the other information sought by the Court was concerned, the Commission
took the view that “the Honorable Court should contact the Peruvian Government directly in
order to obtain the necessary documents inasmuch as ... [it is the Government] that has
direct and unrestricted access to the departments that can supply that information.”
30.
In that communication the Commission declared that at the public hearing held on
January 26, 1996, the Peruvian State recognized the following facts and information: the life
expectancy of the victims and their actual and potential income; the number of dependents
and successors; the Costs and Expenses [daño emergente], and the fact that the minor
child, Erika Claudia Zenteno Yupanqui, daughter of William Zenteno Escobar, is the person
most seriously affected by her father's death and is receiving medical and psychological
treatment.
As regards Víctor Neira Alegría, the Commission maintained that the
Government had not challenged the expenditures incurred by the victim's sister in lodging
the appeal of habeas corpus on behalf of Mr. Neira.
Lastly, the Commission's
communication contained a list of the victims' representatives during the proceedings before
the domestic judicial authorities and information on their fees, based on the Table of Fees
prepared by the Bar Association [Colegio de Abogados] of Peru.
31.
On May 22, 1996, the Government presented a brief containing evidence relating to
Mr. Neira-Alegría's age.
32.
On June 4, 1996, the Government submitted a brief containing certain details about
the case and produced legal documents, as well as a minimum living wage table with
calculations of the “loss of earnings” by the victims' next of kin. On July 23, 1996, in
response to the Secretariat's request of July 1, 1996, the Government submitted a brief in
which it maintained that, in order to conduct a search for the Civil Register certificates, “it is
essential to know the places and dates of birth and/or registration.”
33.
On July 8, 1996, the Asociación Pro-Derechos Humanos [Pro-Human Rights
Association] (APRODEH) presented the Secretariat with a brief containing information on the
Costs and Expenses [daño emergente], “loss of earnings” and moral damages in respect of
Milagros Yoisy Zenteno-Rodríguez, one of the minor daughters of Mr. William ZentenoEscobar.
IV
34.
In order to come to an informed decision on the amounts of the indemnities, in
keeping with the necessary technical considerations, the Court deemed it advisable to avail
itself of the professional services of an actuarial expert. To that end, Mr. Eduardo Zumbado
J., an actuarial consultant in San José, Costa Rica, was engaged. The Secretariat of the
Court received his reports on August 5 and 9 and September 18, 1996. Mr. Zumbado had
been instructed by the Court to use the figure of US$125.00 as the victims' probable
monthly income, for the reasons stated in paragraph 50 of this judgment.