118
the specific situation of Myrna Mack Chang, in which case the amount for this
item adds up to US$561,384.64 (five hundred sixty-one thousand three
hundred eighty-four United States dollars and sixty-four cents);
d)
as a consequence of the violations to the Convention found in this
case, there were additional economic losses, including personal expenses and
costs resulting from the search for justice. Expenses in connection with
medical or psychological treatment required due to the damage caused to the
next of kin are also included: the expenses owed to Yam Mack Choy, father of
the victim, amount to US$16,442.30 (sixteen thousand four hundred and
forty-two United States dollars and thirty cents) and the expenses owed to
Lucrecia Hernández Mack, daughter of the victim, amount to US$7,692.30
(seven thousand six hundred and ninety-two United States dollars and thirty
cents); and
e)
with respect to the sister of the victim, Helen Mack Chang, she left her
job to undertake the search for justice, which changed all her life to struggle
against the continuous injustice by the State, and they asked the Court to set
an amount in fairness to compensate for her violated rights and the attendant
drastic change in her life plan.
Pleadings of the State
249.
The State did not refer specifically to the pecuniary damage.
Considerations of the Court
250. The Court will now establish the material damage, which includes loss or
reduction of the income of the victim and expenses incurred by the next of kin of the
victim due to the facts,280 for which it will determine a compensation that seeks to
redress the patrimonial consequences of the violations found in the instant
Judgment. For this, it will take into account the evidence gathered in this case, the
case law of the Court itself, and the pleadings of the representatives of the next of
kin of the victim, of the Commission and of the State.
a)
Lost earnings
251. The Commission and the representatives of the next of kin of the victim
requested compensation for the lost earnings of Myrna Mack Chang. Specifically,
said representatives requested that the Court adopt as a basis the average of what
the victim earned at the time of the facts, what the director of AVANCSO earns
today, the salary earned by persons with similar academic credentials to those of the
victim, the salary increase of the victim over time, the rising cost of living, inflation
in Guatemala, and life expectancy, among others.
252. With respect to the lost earnings of Myrna Mack Chang, the Court, in fairness,
sets the amount at US$235,000.00 (two hundred and thirty-five thousand United
States dollars) for this item. Said amount must be given to the daughter of the
victim, Lucrecia Hernández Mack.
280
Cf. Juan Humberto Sánchez Case, supra note 9, para. 162; Trujillo Oroza Case. Reparations,
supra note 277, para. 65; and Bámaca Velásquez Case. Reparations, supra note 277, para. 43.
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