31
c.
Written expert opinion
mathematician19
of
Bernardo
Morales
Figueroa,
a
The lost earnings of Myrna Mack Chang add up to US$949,934.78. This result was
obtained applying the customary method of establishing the present value of an
accrued amount of capital, adding the factor of professional experience.
If one applies the method used by the Inter-American Court to determine lost
earnings, the result would be US$561,384.64, so there is a difference of
US$388,050.14 with respect to the calculation in his expert opinion. This arises from
the differences in the terminal year of life expectancy, from not using average values
but rather present values, operating in constant terms and carrying forward the
information with the consumer price indexes, adding the use of the factor of
professional maturity.
B) TESTIMONIAL AND EXPERT EVIDENCE
127. The Court heard the testimony of the witnesses and the expert opinions of the
expert witnesses proposed by the Commission and by the representatives of the next
of kin of the victim (supra para. 43). The Court will now summarize the significant
parts of said statements.
a.
Testimony of Monsignor Julio Cabrera Ovalle, Guatemalan
bishop20
He is the Bishop of the Diocese of Jalapa, in Guatemala, and during the time of the
facts he was the Bishop of Quiché, a position he held fro 15 years, starting in 1987.
During the domestic armed conflict in Guatemala, the Diocese of Quiché had the
largest population of internally displaced persons and of refugees in Mexico of all the
country, and for this reason he decided to seek more information on this
phenomenon.
He met with Myrna Mack Chang for the first time on August 21, 1989. At that time,
she was conducting a research study on the situation of internally displaced persons
in the country, as part of her work as a social investigator for AVANCSO.
At the time of the facts, Myrna Mack Chang was the only person investigating that
specific topic, which had serious political implications, because while the armed
conflict was a public matter, the Army sought to maintain secrecy regarding the way
it treated the civilian population, especially the population of Quiché. He began to
have problems with the Army when he interacted with said population.
19
A Guatemalan national. He is a civil engineer and has a licentiate degree in mathematics. He
rendered an expert opinion in writing on January 4, 2003 before a notary public on the reparations
requested by the Mack Chang family.
20
He rendered testimony on his knowledge of the alleged victim and the circumstances of her
death, [and on] her work with the displaced population and other background pertaining to the object and
purpose of the application.
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