6
21.
Although no proof of the expenses incurred has been presented, the Court considers
it fair to grant an indemnity of US$2,000.00 to each of the families of the deceased victims
and to each of the survivors, as compensation for the expenses they incurred in their
various representations to the national authorities.
VII
22.
In arriving at an appropriate amount for the remainder of the material damages
suffered by the victims, the Commission bore in mind
the minimum rural wage on the date on which the events occurred (October 1988), incorporating
the adjustments for general wage increases during the period, as well as the corresponding inflation
indexing. Life expectancy is estimated at 69 years.
The Commission arrived at a figure of approximately US$5,500.00 for each victim and
US$2,800.00 for the two survivors.
23.
The State, for its part, declared in its brief of January 2, 1996 that there was no
evidence to support the claim of each of the persons proposed as successors-in-title, except for the
victims themselves, and certainly not for the amount sought for each of them. [It added that the
amounts requested] were out of all proportion to the actual living conditions of the victims and their
families, to the conditions prevailing in their geographic location, and to the general economic and
social conditions in the Republic of Venezuela.
24.
At the public hearing on January 27, 1996, the Delegate of the Commission said that
“[w]e consider the amount we are seeking, approximately $5,000.00 for each of the victims
or their next of kin, to be a reasonable sum for the time that has elapsed.” At the same
hearing, one of the victims' representatives said that the figures arrived at by the
Commission were very modest, that a conservative estimate had been made of the victims'
earning capacity, and that an error had also been made in the calculation, which was why
the actuarial study had been requested.
25.
On April 29, 1996 the President requested the Commission to clarify some data on
the subject. This information was furnished by way of briefs submitted on May 13 and 29,
1996. Moreover, in the first of the briefs, the Commission also indicated that “a factual
error had been made in calculating the victims' loss of earnings” and changed the requested
amount to a figure ranging between US$67,000.00 and US$197,000.00 for each of the
victims, and approximately US$5,000.00 for each of the survivors. The Commission also
stated that the basic rural wage for the month of October 1988 was “1,700 Bolívares, [and
that] the exchange rate at that time was 37.14 Bs/US$.”
26.
By communication of June 14, 1996, the Government presented its observations on
the Commission's aforementioned briefs of May 13 and 29, and alleged that
it was not a simple factual error, but a new calculation that exceeded by more than 1,000 percent
the calculations presented at the relevant stage of the proceedings by the victims’ attorneys
themselves and supported by the Delegates of the Commission, [and that the Government had in
good faith] accepted the amount formally requested for loss of earnings at the hearing held on last
January 27. [Only months later], the calculations [were] being radically altered ... and astronomical
figures [were] now being proposed.