32
be received, based on the minimum wage for non-agricultural activities69;
interest on past losses70; and discount to the current value71; and
b)
that it supported the requests submitted by the petitioners with regard
to the damage suffered by the next of kin of Henry Giovanni Contreras, Julio
Roberto Caal Sandoval and Anstraun Aman Villagrán Morales, as a result of
the search for the victims, medical expenses, funeral services and expenses
related to the legal proceedings. With regard to the next of kin of Federico
Clemente Figueroa Túnchez and Jovito Josué Juárez Cifuentes, it requested
the Court to determine the compensation for such losses fairly, taking into
account the circumstances of the case and all available information.
75.
In view of the foregoing, the Inter-American Commission considers that the
State should pay the next of kin of the direct victims the amounts indicated in the
following table:
Reparation for pecuniary damage
Consequential
Loss
of
damage
earnings
US$ 161.66
US$ 89,676.58
Anstraun Aman Villagrán
Morales
US$ 2,392.20
US$ 1,500.00
Henry Giovanni Contreras
US$ 350.00
US$ 89,676.58
US$ 2,500.00
Julio Roberto Caal Sandoval US$ 399.02
US$ 89,676.58
Victim
Federico Clemente Figueroa
Túnchez
Jovito Josué Juárez
Cifuentes
US$ 89,676.58
US$ 89,676.58
76.
According to the Commission, the following persons should be considered
beneficiaries of the compensation payments:
69
According to the Commission, reference to the minimum legal wage for workers in the nonagricultural sector is an appropriate minimum limit for calculations in this case, in accordance with the
provisions of Article 103 of the Labor Code, with the legal bonuses (Q0.30 per hour) and the periodic
modifications to the minimum wages in force. The Commission traced the increase in the minimum wages
from the time of the events up until 1999 and established that the average annual increase for that period
had been 6.9%; it then applied this increase to the projection for non-perceived future wages.
70
The Commission has applied the rate of passive compound interest in force for each year,
published by the Banco de Guatemala.
71
The Commission used a discount rate of 3% for calculating the current value of the loss of
earnings.
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