127
for violation of the provisions of the Convention or of any other international
instrument. Hence, it has no obligation to make reparations.
In the case of the
physical and psychological integrity of the inmates who were injured in the fires and
who remained incarcerated –either at the Center or some other detention facility-for
the period of time that the case was with the Commission, it asked the Court to allow
a period of time for evidence to be taken to determine whether or not the State was
diligent in its attempt to prevent the injuries sustained in the fires from becoming
permanent disabilities that could have an impact on job performance or affect mental
or emotional health.
Considerations of the Court
287. Based on the information received during the course of this proceeding, the
facts proven, the violations established and its jurisprudence constante, the Court
finds that the compensation for pecuniary damages in the instant case should include
the following:
a)
Lucrum cessans
288. In the case of the income that deceased inmates Elvio Epifanio Acosta
Ocampos, Marco Antonio Jiménez, Diego Walter Valdez, Sergio Daniel Vega
Figueredo, Sergio David Poletti Domínguez, Mario de Pilar Álvarez Pérez, Juan Alcides
Román Barrios, Antonio Damián Escobar Morinigo, Carlos Raúl de la Cruz, Benito
Augusto Adorno, Richard Daniel Martínez and Héctor Ramón Vázquez ceased to
receive, the Court considers that no definite fact has been established that would
enable the Court to determine what activity or trade those inmates would have
eventually practiced. This category of damages must be calculated on the basis of a
definite injury that is sufficiently substantiated to find that the injury likely
occurred.206 Given the circumstances of the instant case, the evidence is not
sufficient to prove the income lost. The Court will, therefore, grant an award in
equity that uses the minimum wage in Paraguay to calculate the lost income.
289. Given the considerations set out in the preceding paragraph and taking into
account, inter alia, the circumstances of the specific case,207 life expectance in
Paraguay and the legal minimum salary in Paraguay,208 the Court grants in equity
the sum of US$ 40,000.00 (forty thousand United States dollars) or its equivalent in
the national currency of the State, to each of the deceased victims. Those amounts
shall go to the next of kin of the twelve deceased inmates, as stipulated at
paragraphs 279 to 281 of this Judgment.
206
Cf. Case of Molina Theissen, supra note 26, para. 57; Case of Bulacio, supra note 56, para. 84;
and Case of Castillo Páez, Reparations (Art. 63(1) American Convention on Human Rights). Judgment of
November 27, 1998. Series C No. 43, para. 74.
207
Cf. Case of the 19 Tradesmen, supra note 26, para. 240; Case of Juan Humberto Sánchez.
Interpretation of the Judgment on Preliminary Objections, Merits and Reparations. (Art. 67 American
Convention on Human Rights). Judgment of November 26, 2003. Series C No. 102, para. 56; and Case of
Bulacio, supra note 56, para. 150.
208
Cf. Case of the 19 Tradesmen, supra note 26, para. 240; Case of the Caracazo, supra note 203,
para. 88; and Case of the “Street Children” (Villagrán Morales et al.). Reparations (Art. 63(1) American
Convention on Human Rights). Judgment of May 26, 2001. Series C No. 77, para. 79.
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