-129-
B)
PECUNIARY DAMAGE
Arguments of the Commission
243. The Commission requested the Court to establish, in equity, the amount of
the compensation corresponding to indirect damage and loss of earnings. In this
regard, it stated that the alleged victims’ next of kin suffered multiple consequences
owing to the loss of their sons, brothers, companions and fathers, who, in many
case, supported the household financially. Moreover, the surviving next of kin
became victims of displacement, persecution and fear. They also had to absorb
financial losses and ceased receiving their usual income that was necessary for their
survival.
244.
Arguments of the representatives
(a) Regarding indirect damage, they requested the Court to order the State to
pay compensation in favor of the next of kin of the alleged victims for the
pecuniary damage suffered owing to the latter’s detention, disappearance,
torture and subsequent execution, because:
i.
The next of kin took numerous measures to find the alleged victims
and these measures involved transportation costs;
ii. The next of kin have taken many measures before different judicial
and non-judicial authorities, to try and clarify the facts and recover
their loved ones, and
iii. The next of kin of the six alleged victims whose bodies were found,
also incurred burial expenses.
(b) Regarding loss of earnings, they stated that:
i.
The alleged victims were peasants who cultivated the land and carried
out other small-scale agricultural activities. Consequently, they did not
keep rigorous accounting records in relation to the tax and accounting
requirements usually required and accepted by the State;
ii. When there is uncertainty about the income earned by an individual,
such as in the instant case, it is possible to use a method based on the
minimum amount necessary for a person with a family to subsist. In
Colombia a minimum wage is established that attempts to respond to
the minimum income that a family requires to satisfy its basic needs.
The salary that would have been earned at the time of the facts should
be used, converted to its current value, and
iii. According to the calculation of the wages and the age of the alleged
victims at the time of their detention, the total amount to be
compensated is 10,536,596,944 pesos (US$4,100,991).
245.
Arguments of the State
(a)
The State requested the Court to abstain from ordering it to recognize
and pay any compensation for reparations until the national judicial
authorities before whom the pertinent proceedings were ongoing had
delivered a ruling, because it would be illegal. It made this request aware of
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