2 5. As far as the indemnity for “loss of earnings” is concerned, paragraph 50 of the Court's judgment on reparations states that to arrive at an appropriate amount for the material damages suffered by the victims, “for reasons of equity and in view of the actual social and economic situation of Latin America, [the Court] fixes the amount of US$125.00 as the victims' probable income, and therefore as the monthly figure to be used for calculating the correct compensation.” It adds that “[o]nce the calculation has been made, 25 percent shall be deducted for personal expenses ... The interest accruing from the date of the events up to the present shall be to that amount.” This means that the Court does not take into account the statistics on Minimum Living Wages (Salaries) for 1986-1995 from the Ministry of Labor and Social Welfare, submitted by the Government of Peru (F. 1029 to F. 1032). Had it done so, the amount of the compensation would have been considerably lower than that established in paragraphs 51 and 52 of the judgment on reparations. Nor should it have invoked, as stated, “reasons of equity and the actual economic and social situation of Latin America,” when examining a specific case in one country and not in a region as a whole. Judge Orihuela-Iberico Judge ad hoc Manuel E. Ventura-Robles Secretary

Seleccionar párrafo de destino3