38
chapter related to the costs and expenses of the Judgment and not in the present section
which is related to the pecuniary damages.119
137.
As to the request for compensation on account of the loss of the communal store,
the Court has not ruled over these facts; consequently, it will not determine a compensation
for such concept.
138. Having analyzed the information received by the parties, the facts of the case, and
its case law,120 the Court observes that despite that the receipts of expenses submitted
were not sufficient, it can be assumed that the victim’s next of kin of the incurred in
different expenses due to the death of the victim and the consequences they suffered after
the illegal detention and extrajudicial death of Mr. Escué Zapata.
139. Furthermore, in consideration of the evidence furnished, the Court takes into account
that the victim’s parents had to bear the majority of the expenses. The victim's mother
declared before the Tribunal that the trips she made in the search for justice or even to
collect the mortal rests of his son had to do it "by not feeling hungry.”121 In addition, the
Tribunal emphasizes the financial difficulties the victim's companion had to face all alone
with her daughter, and the fact that she had to bear all the expenses that were once shared
with his companion.122 Moreover, as Myriam Zapata Escué stated before the Tribunal, she
and her mother had to bear the medical expenses she needed for the physical discomfort
she felt and keep felling, such as headaches and dizziness.123
140. Based on the foregoing, the Court considers it appropriate to set, in equity, the
amount of US$ 7.000 (seven thousand United States dollars) as compensation for the
concept of pecuniary damages, for the parents and siblings of Germán Escué Zapata. Said
amount will be delivered to Mrs. Etelvina Escué Zapata so that she, according to her
criterion, usages and customs, distributes the sum of money among her husband and
children. Furthermore, the Court set, in equity, the amount of US$ 5.000 (five thousand
United States dollars) for the permanent companion of the victim and their daughter as
compensation for the concept of pecuniary damage. Such amount shall be equally divided
between both beneficiaries.
141. This Court finds that the award for lost income includes income that the victim would
have received during his or her remaining life expectancy. That amount, therefore, is
considered the property of the deceased victim, but is delivered to his or her next of kin.124
142. The representatives requested the amount of US$ 16.354,08 (sixteen thousand three
hundred fifty-four United States dollars and eight cents) for the loss of income
corresponding to Germán Escué for his position of Cabildo Governor. The State requested
119
Cf. Case of the Serrano-Cruz Sisters v. El Salvador, supra, note 20 para. 152; Case of Bueno-Alves v.
Argentina, supra note 9, para. 193 and 194, and Case of the Yakye Axa Indigenous Community v. Paraguay.
Judgment of June 17, 2005. Series C No. 125, para. 194.
120
Cf. Case of Ximenes-Lopes v. Brazil. Judgment of July 4, 2006. Series C Nº. 149, para. 226, and Case of
the Rochela Massacre, supra note 7, para. 251; and Case of Servellón-García et al. v. Honduras, supra note 105,
para. 177.
121
Cf. Statement rendered by Etelvina Zapata in the public hearing held before the Court on January 29 and
30, 2007.
122
Cf. Statement rendered by Bertha Escué Coicue on January 16, 2007 (record of the Merits, Volume III,
page 607) and statement rendered by Etelvina Zapata in the public hearing held before the Court on January 29
and 30, 2007.
123
Cf. Statement rendered by Myriam Zapata Escué in the public hearing held before the Court on January 29
and 30, 2007.
124
Cf. Case of the Rochela Massacre v. Colombia, supra note 7, para. 246.
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