34
circumstance allows establishing, with sufficient certainty, the activity or profession
that Renato Ticona would do in the future and therefore to establish the income
corresponding to such profession. Based on the foregoing, the Court sets the
amount of US$170.000.00 (one hundred seventy thousand dollars of the United
States of America), on equitable grounds, as it has established in other cases.102 In
order to do so, the Court has considered his job as a teacher as from the year 1980,
his possible role as agricultural engineer as from the year 1985103 until the year
2019, his age and life expectancy.104
117. Said compensation for pecuniary damage corresponding to Renato Ticona
shall be distributed among his relatives, as follows: Fifty percent (50%) shall be
delivered to his parents, Honoria Estrada de Ticona and César Ticona Olivares, in
equal portions. The remaining fifty percent (50%) shall be equally distributed
among his brothers and sister, Hugo Ticona, Rodo Ticona and Betzy Ticona. Said
amount shall be delivered to each beneficiary within the term of one year as from
notice of this Judgment.
Regarding Renato Ticona’s relatives
118. The Commission requested the Court the payment of pecuniary damages in
favor of the relatives of Renato Ticona. Moreover, the representatives stated that
the different members of Ticona Estrada's family took several steps in order to
search for the victim and access to justice. According to the representative, César
Ticona Olivares set aside all his income, as well as the earnings of Hugo, Rodo and
Betzy and the savings of the family to pay for the expenses related to the search
and whereabouts of the victim. These expenses include expenses for travels that, in
approximately 28 years, the parents of Renato and his brother Hugo would have
done from the city of Oruro to the city of La Paz and from the city of Cochabamba to
the city of La Paz, as well as the accommodation, food, correspondence, telegrams,
telefax, telephone calls, photocopies of documentation that was sent to different
public authorities; therefore, the representative set in equity the amount of
US$6.720.00 (six thousand seven hundred and twenty dollars of the United States of
America).
119. Furthermore, the representative expressed that as a consequence of the
facts, César Ticona Olivares, Honoria Estrada de Ticona and Hugo Ticona suffered
from physical and mental distress and have incurred in a series of expenses; but,
considering the time spent, it is not possible to present the corresponding receipts
and therefore the representative requested the Court to determine in equity the
amount of US$10.000.00 (ten thousand dollars of the United States of America) as
medical expenses.
120. Moreover, the State requested the Court to consider the compensation for
travels and national and international telephone calls, following the criterion
102
Cf. Case of Trujillo Oroza v. Bolivia, supra note 67, para. 73, Case of Ituango Massacres, supra
note 9, para. 373; Case of La Rochela Massacre v. Colombia. Merits, reparations, and costs. Judgment of
May 11, 2007. Series C Nº. 163, para. 248.
103
The Court took into account the information provided by the State and the representative
regarding the graduation date of Renato Ticona, since the University Ticona Estrada was studying at,
remained closed during some time. As a consequence, the Tribunal considers pertinent to establish the
year 1985 as the year from which the victim initiated his profession as agricultural engineer.
104
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 15, para. 94;
Case of Molina Theissen v. Guatemala. Reparations and Costs. Judgment of July 3, 2004. Series C Nº.
108, para. 57, and Case of La Rochela Massacre v. Colombia, supra note 102, para. 248.