52
will base itself on the salaries that appear on the statement of contributions to the
Ecuadorean Social Security Institute, which are comparable to the amounts established in
the social workers’ reports.
237. Although the representatives calculated the compensation up until 2006, the
Court considers that the compensation for loss of earning in favor of the victims should
cover the time that elapsed between their arrest and until the time they recovered their
liberty; that is, 21 months and 5 days for Mr. Chaparro and 18 months and 11 days for
Mr. Lapo (supra para. 141). The Court recognizes that, owing to the deprivation of their
liberty, the victims lost their employment and that, once they were released, it was
difficult for them to find another one. However, this aspect must be examined in the
chapter on non-pecuniary damage.
238. Owing to the foregoing, the Court decides that the State must deliver the sum of
US$66,796.70 (sixty-six thousand seven hundred and ninety-six United States dollars
and seventy cents) to Mr. Chaparro and the sum of US$15,026.68 (fifteen thousand and
twenty-six United States dollars and sixty-eight cents) to Mr. Lapo, as compensation for
loss of earnings during the time they were deprived of their liberty. These amounts must
be paid to the victims within one year of notification of this judgment at the latest.
c)
Loss of Mr. Lapo’s house and Mr. Chaparro’s apartment
239.
The representatives asked that compensation should be established for pecuniary
losses with regard to Mr. Lapo’s house. In this regard, during the public hearing, Mr.
Lapo stated that, at the time he was detained, he “had been paying for a house bought
on credit, and lost it because he had no income.”167 The State did not contest this fact, so
the Court considers it an established fact.
240. The representatives did not present any supporting documentation that would
allow the Court to establish the value of Mr. Lapo’s house. Consequently, the Court
decides, in equity, to establish the sum of US$20,000.00, (twenty thousand United
States dollars). The State must pay this amount to Mr. Lapo within one year of
notification of this judgment.
241. Based on the expert appraisal of Kuri González, the representatives asked that
compensation should be established for Mr. Chaparro with regard to the loss of his
apartment in Salinas. The State did not dispute this fact or contest the expert appraisal
of Kuri González, so the Court considers it an established fact.
242. The amount requested for this concept is US$135,729.07 (one hundred and
thirty-five thousand seven hundred and twenty-nine United States dollars and seven
cents). From the evidence provided, the Court is unable to establish clearly the basis
used by the expert to establish that the apartment was worth this amount, since no
additional evidence or arguments have been submitted by the representatives in this
regard. Therefore, it decides to establish, in equity, the amount of US$40,000.00 (forty
thousand United States dollars), which the State must deliver to Mr. Chaparro to
compensate him for the loss of his apartment. The State must pay this amount to Mr.
Chaparro within one year of notification of this judgment.
d)
167
Other expenses
Cf. testimony of Mr. Lapo at the public hearing, supra note 103.
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