32
110. The reparations must have a causal link with the facts of the case, the alleged
violations, the proven damages, as well as with the measures requested to repair the
resulting damages. Therefore, the Court must observe such coincidence in order to
adjudge and declare according to law.
a)
Pecuniary damage
111. The Court’s case law has developed the concept of pecuniary damage and the
cases in which compensation therefore is due.96 In this section, the Tribunal shall
refer to the possible pecuniary damages (consequential damages and loss of income)
suffered by Renato Ticona and his relatives, so that it is possible to determine the
corresponding reparations.
Regarding Renato Ticona
112. The Commission requested the Court to equitably determine the amount of
compensation for consequential damages and “loss of income” of Renato Ticona and
his relatives. Moreover, the representative requested the Court to consider the
following information when determining the loss of income of Renato Ticona during
his remaining and probable life expectancy:
i)
Renato Ticona as a music teacher.97 The income he would have
received from July, 1980 to December, 1982 amounts to US$2.004, 75 (two
thousand and four dollars of the United States of America and seventy-five
cents)98 and considering the fact that there is no supporting documentation
on the salary that Renato Ticona received, the representative requested the
Court to equitably determine a sum; and
ii)
Renato Ticona as future agricultural engineer Mr. Ticona Estrada would
have started working as agricultural engineer in the year 1983, at the age of
28 years old, who, in accordance with the life- expectancy of 64 years, would
have worked until the year 2019, that is, 36 more years. The probable
income, based on a monthly average of US$1.027.00 (one thousand and
twenty-seven dollars of the United States of America), that Renato Ticona
would have received, as agricultural engineer, amounts to US$360.477.00
(three hundred and sixty thousand four hundred seventy-seven dollars of the
Unites States of America).99
96
Cf. Case of Bámaca Velásquez V. Guatemala. Reparations and Costs. Judgment of February 22,
2002. Series C Nº 91, para. 43; Case of Heliodoro Portugal v. Panamá, supra note 13, para. 221; and
Case of Bayarri v. Argentina, supra note 16, para. 127.
97
In accordance with the information provided by the relatives, Renato Ticona would stop working
as a music teacher once he would have obtained his professional degree. The foregoing means that he
would have continued working as a music teacher for two years and a half more, until December, 1982.
98
The representative stated that the salary of Renato Ticona as music teacher in the years 1977
and 1978 amounted to Bs. 866.71 (eight hundred and sixty-six Bolivian pesos with seventy-one cents).
Nevertheless, it was impossible to determine the salary he received between 1979 and June, 1980 and the
salary he would have received from July 1980 to December 1982. As a consequence, in order to estimate
the salary of a music teacher, it was considered the minimum salary in force on September 19, 2008,
which amounted to Bs. 575.00 (five hundred and seventy-five Bolivian pesos) which is equal to US$ 81.00
(eighty-one dollars of the United States of America).
99
According to the representative, in order to do the corresponding estimation, it requested
information to the Society of Engineers of Bolivia ("SIB") and the Professional Association of Agricultural
Engineers of Bolivia- District of La Paz ("CIAB-LP"). The SIB pointed out that the average salary, per
month, would be US$ 950.00 (nine hundred and fifty dollars of the United States of America) and the