35
ailments that originated or had been made worse as a result of the facts of the case
(supra para. 54.d and 54.b). In this respect, the Court accepts the statements of
these persons as true, owing to the nature of the facts of the instant case and
considers that it is also fair to grant them compensation.
81.
The Court observes that the minimum wage for non-agricultural activities was
Q348.00 (three hundred and forty-eight quetzales) at the date of the death of the
victims in this case, which, at the June 1990 exchange rate, is equal to US$ 80.93
(eighty United States dollars and ninety-three cents) as the monthly wage that
would correspond to each of them. The calculation of the earnings that they will no
longer perceive will be made on the basis of 12 wages a year, plus the corresponding
annual bonuses under Guatemalan legislation. This will yield the earnings that each
victim could presumably have enjoyed during his probable life – the period between
his age at the time of the events and the end of his life expectancy in 1990, the year
of the facts (supra para. 69.1.i, 69.2.h, 69.3.g, 69.4.f and 69.5.d)78. 25% must be
subtracted from this amount for personal expenses. The remaining amount must be
adjusted to its current value at the date of the judgment79.
82.
Based on the foregoing, the Court establishes the following amounts as
compensation for the pecuniary damage resulting from the violations found in the
judgment of November 19, 1999:
Reparation for pecuniary damage
Expenses
Loss of
income
Anstraun Aman
US$ 150.00
US$ 28,136.00
Villagrán Morales
US$ 4,000.00
Henry Giovanni
US$ 400.00
US$ 28,095.00
Contreras
US$ 2,500.00
Julio Roberto Caal US$ 400.00
US$ 28,348.00
Sandoval
US$ 2.500.00
Federico
US$ 2,500.00 US$ 28,004.00
Clemente
Figueroa Túnchez
Jovito Josué
US$ 28,181.00
Juárez Cifuentes
Victim
83.
Total
US$ 32,286.00
US$ 30,995.00
US$ 31,248.00
US$ 30,504.00
US$ 28,181.00
The compensatory amounts indicated above shall be distributed as follows:
a)
the total amount corresponding to Anstraun Aman Villagrán Morales
shall be given to his mother, Matilde Reyna Morales García;
b)
the total amount corresponding to Henry Giovanni Contreras shall be
given to his mother, Ana María Contreras;
78
To calculate life expectancy, the Court took into account the document entitled “Guatemala:
Tablas Abreviadas de Mortalidad (Período 1990-1995)”; it also considered data such as age, sex and
geographical zone of residence.
79
To this end, the Court used a 6% annual rate of interest.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos