the Court to establish compensation, in equity, for loss of earnings in favor of Igmar and
Eduardo Landaeta in the sum of US$600,000 (six hundred thousand United States
dollars) each.
320. In view of the fact that the State was found responsible for violations of the
obligation to respect and to ensure the right to life, and taking into account the age of
the victims, life expectancy in Venezuela, and the minimum wage at the time of their
death, 410 the Court establishes that the State must pay the sum of US$177,540 (one
hundred and seventy seven thousand five hundred and forty United States dollars) as
compensation for the loss of earning of Igmar Landaeta and US$180.840 (one hundred
and eighty thousand eight hundred and forty United States dollars) as compensation for
the loss of earning of Eduardo Landaeta, in favor of the members of the Landaeta Mejías
brothers’ family, in accordance with paragraph 326 of this Judgment.
D.1.2 Consequential damage
321. The representatives indicated that the death of the Landaeta Mejías brothers
entailed unexpected expenses, all of which were covered by the family. Since the family
does not have vouchers for these expenses, the representatives asked the Court to
establish, in equity, the sum of US$500 (five hundred United States dollars) for funeral
expenses. The representatives also indicated that the psychological problems of Maria
Magdalena Mejías and Victoria Landaeta caused the family to incur different expenses to
obtain medical care and medicines, because they had to visit a psychologist. Since they
do not have documentation regarding these expenses, the representatives asked the
Court to establish, in equity, the sum of US$500 (five hundred United States dollars).
They also indicated that this treatment will be required in future, and therefore asked to
Court to order the payment of compensation, in equity, of US$2,000 (two thousand
United States dollars).
322. Regarding the funeral expenses incurred by the Landaeta Mejías family, the Court
notes that no vouchers were provided; nevertheless, the Court presumes, as it has in
previous cases, 411 that the family incurred different expenses owing to the death of the
Landaeta Mejías brothers. Bearing in mind that the State was found responsible for
violations of the obligation to respect and to ensure the right to life (supra para. 147 and
204), the Court decides that the State must pay a proportionate sum of US$500 (five
hundred United States dollars), as compensation for funeral expenses to Ignacio
Landaeta Muñoz and María Magdalena Mejías Camero.
323. Regarding the presumed health care expenses incurred, the Court has no evidence
that would substantiate the disbursements alleged by the representatives. 412 In addition,
the Court finds that future medical care is included in the measure of rehabilitation
indicated above (supra para. 303). Consequently, it is not necessary to establish the
compensation requested for health care expenses.
D.2 Non-pecuniary damage
324. The representatives asked that the State be ordered to pay compensation for the
non-pecuniary damage caused by the extrajudicial execution of Igmar Landaeta, the
410
The Court determined the loss of earnings by multiplying the minimum wage, that was US$3,300 a year
in 1996 by the years corresponding to life expectancy in 1996 (71.8 years), and deducting the age of the
victim at the time of his death). Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment
of February 22, 2002. Series C No. 91, para. 434 and Case of Luna López, supra, para. 250.
411
Cf. Case of the Gómez Paquiyauri Brothers v. Peru. Merits, reparations and costs. Judgment of July 8,
2004. Series C No. 110, para. 207 and Case of Veliz Franco et al., supra, para. 296.
412
Cf. Case of Chitay Nech et al. v. Guatemala. Preliminary objections, merits, reparations and costs.
Judgment of May 25, 2010. Series C No. 212, para. 271 and Case of Veliz Franco et al., supra, para. 297.
89