36
XI
REPARATIONS FOR PECUNIARY AND NON-PECUNIARY DAMAGE
80.
In accordance with the probatory elements gathered during the various
stages of the proceedings and in light of the criteria set forth by this Court, the Court
will now analyze the claims filed by the parties during this stage of the proceedings,
to establish reparation measures pertaining to pecuniary and non-pecuniary damage
and other forms of reparation.
A) PECUNIARY DAMAGE
Arguments of the representatives of the next of kin of the victim
81.
During the public hearing and in their brief with final arguments, the
representatives of the next of kin of the victim asked the Court (supra 26 and 29) to
consider the following points to establish compensation:
a)
as the State has noted, there is an ongoing civil lawsuit; however, it
has been a “non-effective judicial remedy” under the terms of Article 8
of the American Convention, as it depends on completion of the
criminal proceedings, which have been ongoing for over ten years in
domestic courts; furthermore, those with active and passive legal
standing are not the same in the domestic and international
proceedings, nor is the process for compensation the same;
b)
the income that Walter David Bulacio would have obtained throughout
his life as a golf caddie, under the criteria established by the Court, are
estimated at US$201,240.00 (two hundred and one thousand twohundred and forty United States dollars);
c)
nevertheless, Walter David Bulacio “would not have worked all his life
as a golf caddie,” since he intended to become a lawyer. This “chance
lost” by Walter David Bulacio must also be fully compensated, taking
into account that he was in his last year of secondary school and would
surely have entered the university and, subsequently, would have
entered the job market, where it “is reasonable and equitable” to start
from an average salary of US$600.00 (six hundred United States
dollars), to which it is necessary to add the annual complementary
salary and to apply the criteria established by this Court, inter alia,
personal expenses, interest, etc.;
d)
with respect to damage to the family estate, it is necessary to take
into account that part of Walter David Bulacio’s income “as a caddie at
a golf club” was given to his mother, as well as the financial support
that he would give his parents once he was a professional; and
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