51
Baldeón-Yllaconza family (sons and daughters of the victim), in their
capacities as “direct and indirect victims;”
b)
as regards pecuniary damage
i.
Mr. Baldeón-García was 68 years old and was a rural worker;
“his monthly income barely reached the minimum legal wage of 57.88
(United States) dollars per month." The average life expectancy of a
Peruvian rural worker was seventy-five years old. Based on the
above, “the average income lost from his rural tasks from September
1990 to December 1997 would total five thousand four hundred and
forty-three United States dollars;” and
ii.
as regards consequential damage, the Court was requested to
equitably establish the amount to be paid to the victim’s son, Crispín
Baldeón-Yllaconza.
c)
as regards non pecuniary damage
i.
the “next of kin of Bernabé Baldeón were severely affected by
the events that led to the death of their husband and father, especially
considering that they still struggle to seek justice, almost 15 years
after the occurrence of the events;” and
ii.
the Court must establish the corresponding amount based on
equitable standards.
d)
as regards other types of reparation, the Court must order the State
to:
i.
“perform a complete, unbiased, effective and immediate
investigation to establish individual responsibility for the torture and
extrajudicial execution of Mr. Bernabé Baldeón-García to identify the
persons involved at the various decision and execution stages,” to
submit them to trial “and to impose the appropriate punishment;”
ii.
“perform a complete, unbiased and effective investigation of the
persons who participated in the ineffective investigations and
proceedings carried out […] for said torture and extrajudicial
execution, to establish the corresponding responsibility for the lack of
satisfactory results and impunity of the events;”
iii.
“deliver to the Ombudsman and to the Office of the Attorney
General the list of military officials who acted in the emergency areas,
with their respective pseudonyms, to fully identify the perpetrators of
the events that resulted in those human rights violations;”
iv.
“adapt its forensic procedure protocols to international
standards;”
v.
provide “to the next of kin of Mr. Bernabé Baldeón-García (his
wife and children), unlimited assistance at health centers, fully free of
charge, including medical tests and medicines;” and
vi.
provide psychological assistance to the wife and children of Mr.
Bernabé Baldeón-García, as long as they wish to receive said
assistance, the expenses of which shall be borne by State,
as regards costs and expenses, the Court must order the Peruvian
e)
State to pay the costs and expenses incurred in the prosecution of the case,
based on equitable standards.
Arguments of the State
172. As to reparations, and particularly regarding other types of compensation, the
State stated that, as part of its acknowledgment of the claim, “it currently has a
regulatory and institutional framework that allows for the investigation and
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