84
b)
with respect to the other items, it expressed its agreement with the
criteria set forth by the representatives of the victim to establish
compensation for pecuniary damage.
Pleadings of the State
160. The State argued that “it is not under the obligation to redress the ‘alleged
violation’ to the next of kin of the ‘alleged victim,’ as it is not responsible” for the
facts alleged.
161. As regards the claims filed regarding lost income of Juan Humberto Sánchez,
the State pointed out that it has not been proven that Juan Humberto Sánchez was
an operator for “Radio Venceremos”, which was a “clandestine radio station of the
guerrilla fighters of the Frente de Liberación Nacional (FMLN) of the Republic of El
Salvador.”
Considerations of the Court
162. This Court will now determine, in this section, the pecuniary damage, which
involves the loss or detriment to the income of the victims, the expenses incurred
due to the facts and the pecuniary consequences that are causally linked to the facts
of the sub judice case,170 for which it will set a compensatory amount that will seek
to compensate for the patrimonial consequences of the violations found in the
instant Judgment.
a) Lost income
163. The representatives of the victim and the Inter-American Commission
requested compensation for lost earnings of Juan Humberto Sánchez based on the
monthly salary he received as an operator at Radio Venceremos in El Salvador,
which belonged to the Frente para la Liberación Nacional Farabundo Martí. In this
regard, this Court recognizes that it is not possible to establish with certainty what
the occupation and income of Juan Humberto Sánchez would have been at the time
of his possible entry into the labor force in his country. Bearing in mind the lack of
definitive evidence regarding the possible income that the victim might have
obtained, the Court decides to set US$25,000.00 (twenty-five thousand United
States dollars), in fairness, as the amount of compensation to be paid for the lost
income of that period.
164. With respect to inheritance of the compensation for the deceased victim, the
Court has established the following criteria:171
a)
fifty percent (50%) of the compensation will be distributed, in equal
parts, among the children of the victim. If one or several of the children have
already died, their part will augment that of the other children of the same
victim; in the case under discussion, this means that the two daughters,
170
Cf. Trujillo Oroza Case, Reparations, supra note 22, para. 65; Bámaca Velásquez Case,
Reparations, supra note 153, para. 43; and Castillo Páez Case, Reparations, supra note 117, para. 76.
171
El Caracazo Case, Reparations, supra note 4, para. 91.
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