31
Considerations of the Court
55.
The Court will now establish the pecuniary damage, which involve loss of or
detriment to the victim’s income and expenses incurred by his next of kin due to the
facts,41 for which it will order a compensation that seeks to redress the detriment to
personal assets due to the violations found in the judgment on the merits issued by
this Court on May 4, 2004 (supra para. 15). For this, it will take into account the
evidence gathered in this case, the Court’s own case law, and the pleadings of the
Commission, of the representatives of the victim and his next of kin and of the State.
a)
Lost earnings
56.
The Commission and the representatives of the victim and his next of kin
requested compensation for Marco Antonio Molina Theissen’s lost earnings. In this
regard, the Commission and the representatives pointed out that Marco Antonio was
in third year of secondary school, was two years away from obtaining his high school
diploma, and planned to study civil engineering. Given the above, the
representatives asked the Court to set the amount of lost earnings of the victim
based on the average salary of a “university professional.”
57.
The Court deems that it is reasonable to presume that Marco Antonio would
have completed his secondary school studies and went on to study at the university,
but there is no definite fact that enables it to determine the activity or profession
that he would practice in the future, which “must be calculated on the basis of a
definite injury that is sufficiently substantiated to find that the injury likely
occurred.”42 Therefore, with respect to Marco Antonio Molina Theissen’s lost
earnings, this Court sets the amount for this item, in fairness, at US $100,000.00
(one hundred thousand United States dollars). Said amount must be distributed
among the victim’s next of kin, pursuant to the terms of paragraphs 50 and 51 of the
instant Judgment.
b)
Consequential damages
58.
Taking into account the parties’ claims, the body of evidence, the proven facts
in the instant case, as well as its jurisprudence, the Court finds that compensation
for pecuniary damage must also include the following:
58(1) it should be pointed out that Marco Antonio Molina Theissen’s next of
kin took many steps with the aim of finding him; they went to courthouses, police
stations and detention centers, they incurred expenses for photocopies, phone calls,
sending faxes, and stationery, and they also published ads in the press and traveled
to Guatemala to document the instant case. Therefore, the Court deems it pertinent
to set the amount of compensation for this item, in fairness, at US $1,400.00 (one
thousand four hundred United States dollars). Said amount must be distributed in
equal parts among the parents and the victim’s sisters. The victim’s father’s amount
must be distributed pursuant to paragraph 51 of the instant Judgment; and
41
See Case of Maritza Urrutia, supra note 2, para. 155; Case of Myrna Mack Chang, supra note 2,
para. 250; and Case of Juan Humberto Sánchez, supra note 14, para. 162.
42
See Case of Bulacio, supra note 2, para. 84; and Case of Castillo Páez, Reparations (Art. 63(1)
American Convention on Human Rights). November 27, 1998 Judgment. Series C No. 43, para. 74.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents