34
consideration their age73, the corresponding interest74 and apply a discount
rate to calculate the current value of future earnings75. It is not appropriate
for the Court to use the legal minimum wage for workers in the nonagricultural sector76; this could only be used as the maximum ceiling of
earnings that the victims might have perceived during their lifetime. The
State would agree to the Court establishing the amount under this heading
based exclusively on the fact that all human beings need a minimum income
to survive.
The considerations of the Court
78.
Bearing in mind the information received during this proceeding, the facts
that are considered proved and its consistent jurisprudence, the Court finds that
compensation for pecuniary damage in this case should include the items indicated in
this section.
79.
With regard to loss of earnings, the representatives of the victims’ next of kin
and the Commission agree that, in order to make its calculation, the Court should
take into account the minimum wage for non-agricultural activities in Guatemala.
The State, on the other hand, is opposed to using this basis and argues that
the victims did not hold
permanent, continuous employment. As it has on other occasions77, this Court
considers that, in view of the lack of precise information on the real earnings of the
victims, it should use the minimum wage for non-agricultural activities in Guatemala
as a basis.
80.
Regarding expenses, the Court considers that, in equity, it is necessary to
order the following compensation payments: with regard to Julio Roberto Caal
Sandoval, an amount corresponding to the expenses that his next of kin estimate
they incurred in their search in different agencies; with regard to Henry Giovanni
Contreras, an amount corresponding to the expenses that his next of kin estimate
they incurred in their search in different agencies and the expenses incurred by Ana
María Contreras, the victim’s mother, for medical treatment and medicines as a
result of a facial paralysis; and with regard to Anstraun Aman Villagrán Morales, an
amount corresponding to the estimated costs of the funeral service and the expenses
incurred by Matilde Reyna Morales García, the victim’s mother, for medical treatment
and medicines as a result of the diabetes she is suffering from and which was made
worse by the facts of this case. As regards Marta Isabel Túnchez Palencia, mother of
Federico Clemente Figueroa Túnchez, and Margarita Urbina, grandmother of Julio
Roberto Caal Sandoval, they stated during the public hearing that they had certain
73
The State indicated that Anstraun Aman Villagrán Morales, Henry Giovanni Contreras, Federico
Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito Josué Juárez Cifuentes were 17, 18,
20, 17 and 15 years of age, respectively
74
The State indicated that the average passive rate of interest for the years 1990-1999 should be
applied.
75
Guatemala considered that the applicable discount rate is 5% in order to determine the current
net value of the amounts of the financial reparations.
76
Guatemala also indicated that, in this case, neither the bonus of Q0.30 an hour nor the
calculation made by the Commission on the variations in the minimum wage should be applied.
77
cf. Neira Alegría et al. case. Reparations, supra note 15, para. 49; El Amparo case. Reparations,
supra note 15, para. 28; and Aloeboetoe et al. case. Reparations, supra note 15, paras. 88 and 89.
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