5 US$125,000.00 for each of the three families, to be distributed equitably according to the number of family members. 17. The Commission states that these indemnities must be paid directly to the beneficiary relatives. For the indemnities to the minor children, it proposes the establishment of a trust fund, “the basic value of which would consist of a sum proportional to the estimated projected income of the victim, after deducting what would have been the victim's own living expenses. The foregoing would be determined by applying the current or present value method.” The minor children would receive the remainder of the indemnity to which they are entitled when they come of age or marry. The Commission requests that the adult beneficiaries “be paid the total amount, adjusted to the date on which the judgment is delivered.” 18. The Government submitted its comments on the Commission's brief on reparations on December 7, 1995, with assurances of its readiness to abide by the Court's ruling. It proposed that the indemnity should be determined on the basis of the correlation between the acts and the proven damages inflicted. Accordingly, for purposes of determining Costs and Expenses [daño emergente], they would have to be duly substantiated by documentary proof of actual expenditures. Such proof does not exist in the instant case, since the Commission has produced none. 19. Regarding the persons entitled to compensation, the Government maintains that, in matters of succession, Peruvian law establishes that a person's heirs are his or her descendants and spouse in that order and, in their default, the parents and other ascendants; consequently, there is no reason in the instant case to compensate the sister of the late Víctor Neira Alegría, it being only his spouse and children who are entitled to such compensation. 20. On the subject of “loss of earnings”, the Government states that the criteria laid down by the Commission are not acceptable, based as they are on inaccurate data, such as the average life-span of Peruvians, the assumption that time would have been devoted to work, and the minimum living wage, none of which has been substantiated. The Government further adduces “the probability that if the victims had lived, they would have been sentenced to years of imprisonment for the crime of terrorism and would therefore not have been in a position to work during that time.” 21. As far as moral damages are concerned, the Government claims that this is not a case of forced disappearance; it is a case of persons who were charged with a crime and unfortunately lost their lives when an organized revolt was being crushed. The decision could not, therefore, be defended on the basis of the cases cited as precedents. It could be maintained in the instant case that “the next of kin had already suffered moral damages, but that the damages had been inflicted on them by the victims themselves when they unlawfully took part in acts connected with terrorism, which was the reason for their arrest and untimely deaths.” The Government deems the amount of US$125,000.00 assessed for the moral damages caused to the next of kin of each of the victims to be exorbitant. It considers that this amount, like the others sought by the Commission, “does not accord with [their] actual economic situation.” 22. On March 25, 1996, the Inter-American Commission presented a brief containing a calculation of the possible age of Víctor Neira-Alegría in order to determine the amount under the “loss of earnings” heading, and those for the “loss of earnings” of Mr. William Zenteno-Escobar and Mr. Edgar Zenteno-Escobar, both of which were different to those

Seleccionar párrafo de destino3