53
Commission for the victim’s loss of earnings, giving a total of US$24,895.25
(twenty-four thousand eight hundred and ninety-five United States dollars
and twenty-five cents).
The Commission’s arguments
147. In its briefs of August 31, 1998, and August 2, 1999, the Commission
indicated that two items should be included under the general heading of “pecuniary
damage”:
a)
regarding the loss of earnings of Pablo Corado Barrientos, it underlined
that the life expectancy of a man in Guatemala was 45.59 years, that the
victim worked in his own business selling vegetables at the time of the facts
and that his mother and one brother, to whom he provided financial
assistance, depended on his income. In its first brief, the Commission
indicated that, according to the International Labor Organization data, in
1988, a worker in the retail/wholesale sector would have had a monthly wage
of Q434.82 (four hundred and thirty-four quetzales and eighty-two cents),
and requested a compensation totaling US$49,791.85 (forty-nine thousand
seven hundred and ninety-one United States dollars and eighty-five cents). In
its supplementary brief, the Commission indicated that this calculation
represented a “minimum threshold, because it did not have more specific
information at this time”; and
b)
with regard to other losses suffered by the next of kin, the
Commission indicated that it had very little information.
The State’s arguments
148. The State contested the claims and the calculations made by the next of kin
of Pablo Corado Barrientos and the Commission, observing the following, among
other matters:
a)
with regard to the victim’s loss of earnings, it was not possible to
confirm that his activity was that of a retailer, because this is not recorded in
any public register, and he appears as a farm worker on his identity card,
which is the only existing document. Therefore, it considers that the salary
established by the Ministry of Labor and Social Insurance for the latter activity
should be applied: this is Q199.80 (one hundred and ninety-nine quetzales
and eighty cents); also, according to the National Institute of Statistics of
Guatemala, the life expectancy for men born between 1960 and 1965 was
46.20 years; and
b)
regarding the household’s other losses, the State declared that the
alleged income of the next of kin was not duly proved; that a relation of
cause and effect had not been established between the facts and the
household’s loss of support; and that this item was not included in the
reparations brief.
The considerations of the Court
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