end, it will establish a compensatory amount that seeks to indemnify the patrimonial
consequences of the violations determined in the judgment of January 26, 2000.
Arguments of the representatives of the victim and his next of kin
66.
The representatives of the victim and his next of kin requested that Bolivia
should compensate José Carlos Trujillo Oroza’s next of kin. In this respect, they
indicated that:
a)
the expenses that Gladys Oroza de Solón Romero and Walter Solón
Romero incurred over a period of 28 years while trying to find their son and
see that justice was done at both the domestic and the international level
should be taken into consideration when calculating the consequential
damage39. Also, the expenses and costs of the medical treatment required,
owing to Mrs. Oroza de Solón Romero’s ailments resulting from the detentiondisappearance of her son, the impunity of the acts and the uncertainty about
the whereabouts of the victim’s remains should be reimbursed40. The total
amount requested corresponds to US$27,000.00 (twenty seven thousand
United States dollars);
b)
the fact that José Carlos Trujillo Oroza was 22 years of age at the time
of the facts and was a third-year philosophy student with the hope of
becoming a professor and a writer should be taken into consideration when
calculating the victim’s loss of earnings. They believe that it was probable
and realistic that, when the victim had obtained his degree, he would have
worked full-time, in better-paid areas, and received a higher salary than the
minimum monthly wage in Bolivia. Based on the fact that the average life
expectancy in Bolivia is 62.5 years, and considering that he would have
received his degree in philosophy within two years and started to work at 24
years of age, and based on “the approximately 38 years of life as a
professional that remained”, CEJIL calculated a total of US$153,900.00 (one
hundred and fifty three thousand, nine hundred United States dollars) for the
item loss of earnings41. Moreover, it indicated that it is not correct, as the
State has asserted, that it used “the current salary for the 30 years since the
disappearance of José Carlos” in its calculations; rather, it reduced by 50%,
the salary of a full-time teaching professional with 20 years seniority on which
it based the calculations – from US$900.00 (nine hundred United States
dollars) to US$450.00 (four hundred and fifty United States dollars) – in order
to “calculate the salary as a constant salary during the last 30 years.” Should
the Court appoint an expert to make the calculations, it requested that
39
According to the representatives, the expenses requested include six visits to Santa Cruz
(US$2,000.00), two trips to Washington, D.C. (US$3,100.00), one trip to Costa Rica (US$1,300.00), and
international telephone calls, faxes, copies and mail relating to the case before the Commission and the
Court, as well as measures taken in Bolivia (US$2,000.00).
40
According to the representatives, the expenses requested include doctors’ visits and treatment
for the stress that this has caused (US$18,600.00).
41
CEJIL calculated the loss of earnings amount as follows: using a base salary of US$900.00
divided in half, which gives US$450.00 as the average salary of a philosopher in Bolivia in 2000; for 456
months, this would amount to US$205,200.00 less 25% of the total, US$51,300.00, for personal
expenses.