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A) PECUNIARY DAMAGE
Pleadings of the Commission
247. With respect to the estimate of pecuniary damage, the Commission alleged
that, to fairly estimate the lost income in accordance with the needs and
circumstances of this case, the Court must take into account the following factors:
a)
Myrna Mack Chang was a renowned professional, both at a national
and international level, in the field of social anthropology. She pursued
graduate studies in England, which was uncommon for a Latin American
woman in the early 1980s and in terms of Guatemalan reality. The victim was
also the co-founder of AVANCSO and she attended numerous international
conferences. The Court must take this background information into account,
as when the State arbitrarily deprived Myrna Mack Chang of her life, she had
before her an enormous potential in terms of the possibilities to continue
carrying out her research activities, as well as a wide range of professional
opportunities; and
b)
to estimate the “lost earnings” it is necessary to take into account the
average of what the victim earned at the time of the facts and the monthly
salaries earned today by various professionals with the academic
qualifications, experience and international reputation that Myrna Mack Chang
had attained. To this it is necessary to add the interest to compensate for
devaluation of the currency in the past, up to the date of payment; there
should be a deduction for the sum of future losses of present value, as well as
a 25% deduction for personal consumption.
Pleadings of the representatives of the next of kin of the victim
248. The representatives of the next of kin of the victim asked the Court to order
the State to pay the “lost earnings” of the victim, for which they pointed out that:
a)
to estimate the lost earnings, the Court should take into account that
when she was murdered, the victim was an outstanding professional and
intellectual, both in her country and in international circles, for which reason
she had many professional opportunities before her;
b)
to estimate the non-earned salary of Myrna Mack Chang, the Court can
base its calculations on the average of what she earned at the time of the
facts, what the director of AVANCSO earns today, and the salary earned by
persons in Guatemala with similar academic credentials employed in the field
of social science. In the course of over ten years, Myrna Mack Chang’s salary
would have increased due to length of service, rising cost of living, and
inflation in Guatemala;
c)
to estimate lost earnings in this case, they requested that the Court
accept the calculation made by the expert witness offered before the Court,
which adds up to US$949,434.78 (nine hundred forty-nine thousand four
hundred and thirty-four United States dollars and seventy-eight cents). In a
subsidiary manner, they requested that an appropriate calculation be made in
accordance with the traditional standards of the inter-American system and
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