125
INJURED FORMER INMATE
1. Abel Achar Acuña
2. José Milciades Cañete
Chamorro
3. Arsenio Joel Barrios Báez
4. Alfredo Duarte Ramos
5. Sergio Vincent Navarro Moraes
6. Raúl Esteban Portillo
7. Ismael Méndez Aranda
8. Pedro Iván Peña
9. Jorge Daniel Toledo
10. Sixto Gonzáles Franco
11. Antonio Delgado
12. Eduardo Vera
a)
b)
a)
b)
a)
a)
a)
b)
a)
a)
b)
a)
a)
a)
b)
a)
b)
a)
NEXT OF KIN
Apolinaria Acuña (mother)
Roque Achar (father)
María Estella Chamorro (mother)
Andrés Cañete B. (father)
María Rosa Virginia Baes (mother)
Concepción Ramos viuda de Duarte (mother)
Viviana Moraes (mother)
Leoncio Navarro (father)
Silvia Portillo Martínez (mother)
Eristrudis o Edith Aranda (mother)
Tranquilino Méndez (father)
Dirma Monserrat Peña (sister)
Emiliana Toledo (mother)
Flora Franco (mother)
Jerónimo Gonzáles (father)
Cristina Delgado (mother)
Antonio Vera (father)
Felipa Vera (mother)
B) PECUNIARY DAMAGES
283. In this section of the judgment the Court will decide the matter of pecuniary
damages, which includes the loss or reduction of the victims’ income, any expenses
incurred by reason of the facts in the case, and the consequential pecuniary
damages that have some causal nexus to the facts in the case sub judice, for which
the Court will set an amount that will seek to compensate for the consequences that
the violations established in this judgment have had on the estates of the victims.205
In determining compensation, the Court will take into account the evidence compiled
in this case, the Court’s own jurisprudence and the claims that the Commission, the
representatives and the State have made.
Pleadings of the Commission
284. In the case of compensation for pecuniary damages, the Commission
observed that:
a) absent proof to the contrary, the State has already covered the damnum
emergens, as it paid various funeral expenses in the case of deceased
victims; it also paid the medical expenses of the children injured in the fires;
and
b) in order to determine the lucrum cessans in a just and equitable manner,
the Court must consider the wages that the victims ceased to receive as a
consequence of the State’s violation of their right to life, their ages at the
time of their deaths, the number of years before they would have reached the
average life expectancy in Paraguay, and the minimum wage currently being
paid. The Commission considered that upon their release, the deceased
inmates would have joined the work force; inasmuch as at the time of their
deaths the inmates were not working, the Commission reasoned that the
Court should fix a sum in equity to determine the compensation owed to each
205
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 205; Case of the 19 Tradesmen,
supra note 26, para. 236; and Case of Molina Theissen, supra note 26, para. 39.
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