37
e)
the expenses incurred by the Bulacio family for the funeral and to buy
the grave at the cemetery, estimated at US$3,000.00 (three thousand
United States dollars), plus interest.
Arguments of the Commission
82.
With respect to pecuniary damage, the Commission pointed out that:
a)
while a civil lawsuit is ongoing with respect to financial compensation
due for violations suffered by the victim, it depends on a criminal case
in which no judgment has been issued after twelve years; therefore, it
has not been possible to attain a judgment “that satisfies the
requirements of justice;” on the other hand, the domestic civil lawsuit
“will hardly satisfy said requirements,” taking into account that the
facts have been classified merely as arbitrary detention;
b)
estimation of the damage in cases pertaining to a violation of the right
to life refers to income that the victim would have obtained during his
working life. In this regard, the amount to be paid for Walter David
Bulacio’s lost income derives from an average of what the victim
earned at the time of the facts as a caddie in a golf course, that is
US$400.00 (four hundred United States dollars) monthly, to which
salary it is necessary to add an annual complementary salary during
the rest of his probable lifespan, an amount which, after applying the
criteria established by the Court for this item, adds up to
US$201,240.00 (two hundred and one thousand two hundred and
forty United States dollars);
c)
the Court must take into account that it was foreseeable that Walter
David Bulacio would obtain a secondary school diploma and enter the
university, and that as an attorney his income would have increased
approximately US$200.00 (two hundred United States dollars), and
therefore US$100,620.00 (one hundred thousand six hundred and
twenty United States dollars) should be added to the lost earnings,
which would be part of compensation for “lost chance;” and
d)
the next of kin incurred other expenses: US$1,000.00 (one thousand
United States dollars) to cover funeral expenses for the victim, and
US$2,000.00 (two thousand United States dollars) to cover expenses
for a grave at the cemetery. The respective interest must be added to
the aforementioned amounts.
Arguments of the State
83.
With respect to the requests made by the representatives of the next of kin of
the victim and the Commission, the State argued that:
a)
there is an ongoing civil lawsuit under domestic jurisdiction in which
the family of the victim has claimed damages derived from the case; if
the Court sets pecuniary reparations, this would involve
“discontinuance of the local action;”
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