100
i) Loss of income
363. Regarding the loss of income of Mr. Rosendo Radilla-Pacheco, the representatives
stated that the amount of $343,816.95 Mexican pesos (three hundred forty three thousand
eight hundred sixteen pesos with ninety five cents) was what corresponded to loss income,
based on an estimate made taking into account the national consumer price index from the
month of October 1974 through September 1980 minus 25% of the personal expenses he
could have incurred in, and that at the time of his disappearance Mr. Rosendo RadillaPacheco was 60 years old, he was a coffee grower, a cattle breeder and fully enjoyed his
physical and mental capacities.329 Likewise, they stated that as of the day of the arrest and
subsequent disappearance of Mr. Rosendo Radilla, the family, which at the time consisted of
12 children, stopped receiving an income, since its main supplier was Mr. Rosendo RadillaPacheco.
364. On its part, the State offered as compensation for the item of “lost income” an
amount of $65,640.98 Mexican pesos (sixty five thousand six hundred and forty pesos with
ninety eight cents), estimated taking into account the age of 61 as Mexico’s life expectancy
index for men in the year 1974, information gathered on the minimum wages in force in the
municipality of Atoyac de Álvarez and adjustments for general salary increases, both during
the period.
365. The Court observes that neither the representatives nor the State presented
documents proving the salaries or income perceived by Mr. Rosendo Radilla-Pacheco at that
time. However, taking into account the State’s proposal and the victim’s probable life
expectancy, this Tribunal decided to set, in equity, the amount of US$ 12,000 (twelve
thousand dollars of the United States of America) or its equivalent in Mexican pesos, in the
concept of loss of income of Mr. Radilla-Pacheco, which shall be distributed in equal parts
between his successors. Said amount shall be paid within the term set by the Court for that
effect (infra para. 386)
ii) Consequential damages
366. With regard to the expenses incurred in while obtaining information on the
whereabouts of Mr. Rosendo Radilla-Pacheco, the representatives pointed out that the
actions carried out by his next of kin in order to locate him since the day of his
disappearance, implied trips to different parts of the country, as well as several diligences
and judicial processes, reason for which they indicated they incurred in expenses of
approximately $ 17,400.00 Mexican Pesos (seventeen thousand four hundred Mexican
pesos); however, the next of kin do not have receipts due to the time that has gone by,
which is why they asked the Court to set, in equity, the compensation for this aspect.
Likewise, they asked the Court to set, in equity, an amount as compensation for the
expenses incurred in due to the health sufferings and psychological disorders suffered by
Mr. Radilla-Pacheco’s children as a result of his forced disappearance. Finally, they
requested an adequate compensation for what they considered damage to the family’s
assets, since Mr. Radilla-Pacheco’s family was forced to sell several properties in order to
pay the expenses generated by the search for him and payment of the family’s daily needs.
367. The State held that “[t]he next of kin of the victim who have a right to the reparation
have not proven up to this moment if they incurred in additional expenses that could be
329
Even though the representatives stated that 64 was the life expectancy at the time of his disappearance,
they considered that 65 would have been the age at which Mr. Rosendo Radilla-Pacheco would have stopped
working and perceiving income from his regular activities, without arguing or proving this statement.
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