104 which reasons she interrupted her professional practice,56 and from this amount they deducted 25% for personal expenses; and d) compensation, in equity, for the expenses incurred by Mrs. Harbury as a consequence of the health detriment she suffered due to the facts of the instant case, both from not knowing the whereabouts of her husband and from the ineffectiveness of the domestic investigative processes. 45. As a consequence of the above, the representatives of the victims requested that the State pay the amounts stated in the following table: Reparation for pecuniary damage Victim Expenses incurred Lost earnings Efraín Bámaca Velásquez US$300,000.00 Jennifer Harbury US$25,000.00 US$141,750.00 46. During the public hearing, the representatives of the victims argued that at the time of his entry into the workforce, after the signing of the “Peace Accord”, Mr. Bámaca Velásquez would not only have contributed financial resources to the household he had established with Mrs. Harbury, but also to his father and sisters, as he did before entering the URNG and due to his position as elder brother in the Mayan culture, Mam ethnic group, as explained by witness Juan José Monterroso. Arguments of the Commission 47. The Commission stated its agreement with the criteria of the representatives of the victims to set compensation for pecuniary damages. Arguments of the State 48. With the aim of “establishing parameters and enlightening the Court in connection with the quantities and amounts to be set in the judgment on reparations”. the State put forth the following arguments in its May 8, 2001 brief. Nevertheless, it requested that the Court “grant the parties the necessary mechanism to determine, by mutual agreement, the way in which the State must repair the violations” declared in the judgment on the merits. a) As regards the lost income of Efraín Bámaca Velásquez, the State argued that the Court should use the income of a person who carried out agricultural activities, because since the victim was 18 years old he had been a member of the guerrilla organizations until the time of his death, at the age of 35, and there was no evidence that he had received any income during his membership in that group, or that he had any labor relationship. Calculations should be based on the concept of life expectancy, “resulting from the difference between life expectancy at the time of the event […] and the years 56 Mrs. Harbury worked as an attorney for the “Texas Rural Legal Aid” law firm, and in the period from March, 1992 to the end of 1996, in the course of 54 months, she would have received a monthly income of US$3,500.00 (three thousand five hundred United States dollars).

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