69
a)
as damnum emergens, the State must cover the costs of the things
that were taken from the brothers: watches, leather shoes and, one of them,
his pants; the expenses on the day of the facts and the following day to
recover the bodies; the funerary expenses; the expenses caused by the
search for justice and filing the complaint regarding the facts; the medical
expenses, since Lucy Rosa and Miguel Ángel Gómez Paquiyauri, siblings of the
victims, suffered “nervous problems;” Marcelina Paquiyauri Illanes de Gómez,
mother of the victims, suffered tuberculosis and a pleural stroke.
Compensation in fairness was also requested for the havoc caused by the
State in their house;
b)
the expenses incurred the day of the facts and the following day
amount to US$ 22.94 (twenty-two United States dollars and ninety-four
cents); the funerary expenses amount to US$ 4,000.00 (four thousand United
States dollars) and the expenses caused by the search for justice and filing
the complaint regarding the facts amount to US$ 299.71 (two hundred
ninety-nine United States dollars and seventy-one cents);
c)
compensation for the other items must be set in fairness;
d)
regarding to the lost earnings, the life plan of the Gómez Paquiyauri
family was based on the promise of what the children could achieve. Emilio
wanted to be an aviation technician and Rafael a “production mechanic,” for
which he was already preparing;
e)
the life plan of the brothers was closely linked to that of the family, as
the parents were immigrants to the area from Peru’s central mountain range,
where the family is considered an economic unit in which all its members
contribute to development of the family and to its sustenance;
f)
taking into account that Rafael Samuel Gómez Paquiyauri “was a youth
with an exceptional intelligence,” which is shown by his academic
performance, it is possible to estimate, taking into account the average life
expectancy in Peru, that the lost earnings in his case amount to US$
507,350.10 (five hundred seven thousand three hundred and fifty United
States dollars and ten cents);
g)
taking into account that Emilio Moisés Gómez Paquiyauri “was a child
who was precociously mature to understand the needs of his home [and] with
a highly developed sense of responsibility given his young age,” it may be
estimated, taking into account average life expectancy in Peru, that the lost
earnings in his case amount to US$ 518,379.45 (five hundred eighteen
thousand three hundred seventy-nine United States dollars and forty-five
cents);
h)
in the case of the next of kin of the victims, several of them had to
stop working, at least temporarily, due to the facts; therefore, the
representative requested as compensation for lost earnings US$ 1,120.00
(one thousand one hundred and twenty United States dollars) in the case of
the mother; US$ 450 (four hundred and fifty United States dollars) in the
case of the father; and US$ 375.00 (three hundred and seventy-five United
States dollars) in the case of Lucy Rosa Gómez Paquiyauri; and
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