70
264. The State argued that “the amount of the compensation should be taken into
account [,] since the chronic financial difficulties it faces are already widely known.”
Likewise, it pointed out that the “programs implemented by [the] government regarding
the compensation of the victims of the internal armed conflict, have been created
according to [the] economic possibilities, in a continuous, permanent, long term effort to
repair, in a pecuniary, manner the victims or the victims next of kin.” Therefore, it
requested that “the economic reparation […] be set in consideration of the economic
situation of the State, having as an option, the ability to make the payment through
[PNR].”
265. The Court finds that the actions and procedures carried out by the next of kin of Mr.
Chitay Nech to locate him, generated expenses that shall be considered as consequential
damages, in particular, those referring to the actions of the search for his whereabouts
that will be included when establishing the corresponding compensation in the present
Section. Nevertheless, regarding the aforementioned loss of property that, according to the
representatives, Mr. Chitay Nech had at the moment the facts occurred, the Tribunal points
out that it has previously decided not to refer to the alleged violation of Article 21 of the
American Convention (supra paras. 29 and 30), and thus it is not possible to establish an
amount of compensation in this regard.
266. Consequently, the Court establishes in equity a compensation of US$ 1,000.00 (one
thousand Dollars of the United States of America), as compensation for the concept of
consequential damages. The aforementioned amount shall be distributed equally among
each one of the sons and the daughter, and shall be delivered to each one of them within a
term of one year after the notification of the present Judgment.
ii)
Loss of earnings
267.
The representatives, in their brief of motions and pleadings, alleged that Mr.
Florencio Chitay had an approximate income of Q.1,000.00 (one thousand quetzales) for
his job as a municipal Councilman, as well as for the commercialization of the products
from the lands he cultivated, as well as that at the moment of his disappearance he was 46
years old; and that according to reports of the World Health Organization, the life
expectancy rate for men in Guatemala is of 71 years old. In consideration of the foregoing,
for the concept of loss of earnings, they requested the amount of US$185,000.00 (one
hundred eighty five thousand Dollars of the United States of America).” Later, in their brief
of final arguments, they requested the Court to order the State: a) the designation of an
actuarial between the parties, to determine the value of the loss of earnings for the
agriculture and lumber activities of Mr. Chitay Nech, taking into account the number of
hectares of land, the products typically cultivated between 1981 and today, as well as the
level of productivity of the area. The foregoing, departing from the amount of US$1,000.00
(one thousand Dollars of the United States of America); b) the amount of US$20,000.00
(twenty thousand Dollars of the United States of America) for the earnings that he would
have received as a member of the Integral Cooperative R.L., and c) the amount of
US$129,310.00 (one hundred twenty nine thousand, three hundred ten Dollars of the
United States of America) for the earnings that he would have obtained, since he had great
chances of becoming a congressman. Consequently, for this same concept they requested
the amount of US$497,310.00 (four hundred ninety seven thousand, three hundred ten
Dollars of the United States of America) in favor of Florencio Chitay Nech, to be paid
equally among his sons and daughter.
268.
The State made reference to its economic situation as well as to the PNR, pointing
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