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).