62
based on this calculation determine in equity the compensation for the
concept of “lost earnings” in favor of the victim;
ii)
the damages for loss of the vehicle and home of Mr. López
Álvarez amount to US$10,000.00 (ten thousand Dollars of the United
States of America), and
iii)
the expenses related to transfer, lodging, and food of the next of
kin, specifically, of Mrs. Teresa Reyes Reyes, the sisters of the victim,
Mrs. Alba Luz García Álvarez, Rina Maribel García Álvarez, and Marcia
Migdali García Álvarez and his brother Mr. Joel Enrique García Álvarez in
order to visit Mr. López Álvarez, during 6 years and 4 months, in the
criminal centers of Tela and of Támara, amount to approximately
US$12,930.56 (twelve thousand nine hundred and thirty Dollars of the
United States of America with fifty six cents). They requested the Court
to determine in equity the amount corresponding to this concept, since
they do not have the corresponding receipts, and that the value be
distributed in equal proportions.
191.
Arguments of the State:
It stated that the pecuniary damages referred to in the application do not
proceed.
Considerations of the Court
192. This Court enters to determine the pecuniary damage, which assumes the loss
or detriment of the victim��s income and, in his case, of his next of kin, and the
expenses incurred in virtue of the facts of the case sub judice.125 In this respect, it will
determine a compensatory amount that seeks to recompense the pecuniary
consequences of the violations declared in the present Judgment. In order to decide on
the pecuniary damages, it will take into account the body of evidence, the
jurisprudence of the same Tribunal and the arguments of the parties.
a)
Loss of income
193. The representatives of the victim and the Inter-American Commission
requested compensation for Mr. Alfredo López Álvarez’s loss of income and stated that
besides the different activities he carried out in the organizations to which he
belonged, at the time of the facts he worked as an electrician and construction
contractor. The representatives stated that Mr. Alfredo López Álvarez received a
monthly salary of approximately US$400.00 (four hundred Dollars of the United States
of America).
194. The dossier does not include any suitable receipts that may help determine with
exactness the income perceived by Mr. Alfredo López Álvarez at the time of the facts.
Taking into consideration the activity carried out by the victim as his means of
survival, as well as the circumstances and specifics of the present case (supra para.
54(4)), the Court establishes in equity US$25,000.00 (twenty-five thousand Dollars of
125
Cf. Case of Raxcacó-Reyes, supra note 93, para. 129; Case of Gutiérrez Soler. Judgment of
September 12, 2005. Series C No. 132, para. 74, and Case of Acosta-Calderón, supra note 18, para. 157.
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