47
177. The Court has developed in its case law the concept of pecuniary damages and has
established that they presuppose “the loss of or the detriment to the income of the victims,
the expenses incurred as a result of the facts, and the monetary consequences that have
a causal nexus with the facts of the sub judice case.”225
E.1.1. Consequential damages
178. The representative indicated that it estimated a compensation of GTQ 300,000.00,
which is the equivalent of USD 40,136.78, for consequential damages for each person,
without specifying the reasons.
179. The Court notes that the representative did not explain the basis on which it
requested the amount mentioned as compensation for each victim. Therefore, the Court
will not order compensation for consequential damages.
E.1.2. Lucro cesante (lost wages)
180. The representative expressed that it used as a criterion to calculate lost wages the
guidelines established by the Court in the Villagrán Morales et al. v. Guatemala case.226
It manifested that it took as a reference the annual minimum salary in rural areas during
the past six months as of the moment in which the massacre occurred for those who were
adults and from the moment of reaching adulthood for those who were children in order
to subsequently take into account vacations, extra month bonus at the end of the year,
the “14” bonus (a month’s bonus on top of the extra month bonus) and annual
compensation during the period. On that basis, the calculations were made by grouping
the amounts according to the group of victims.
181. Deceased persons. Using that formula, the representative requested an amount for
lost wages with respect to each of the 10 deceased victims, 227 indicating that the sum of
each amount totals GTQ 55,133,009.76, the equivalent of USD 7,376,206.07. It considers
that to that total should be added GTQ 531,273.81,228 the equivalent of USD 71,078.74,
for interest due to the delay in complying with the reparations. Therefore, it requested a
total of USD 7,447,284.81.
182. Injured persons. The representative requested an amount for lost wages for each of
the 26 injured persons229 and indicated a total corresponding to the sum of each of those
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs, supra, para. 43 and Case of Amrhein
et al. v. Costa Rica, supra, para. 487.
226
As the representative indicated, referring to that judgment, the calculation should be made taking into
account the age of the victim at the date of death, the life expectancy, the victim’s job at the time of the
events, the possible financial betterment and income and that real wages or, in their absence, the minimum
wage for similar work in Guatemala should be employed (in the Villagrán Morales case, “non-agricultural”
activities), using 12 monthly salaries for each year.
227
For “Maurilia” GTQ 7,672,792.92; for “Carlos” GTQ 7,707,511.44; for “Manuela” GTQ 7,290,889.20, for
“Abel” GTQ 5,381,370.60; for “Pablo” GTQ 3,992,629.80; for “Juana” GTQ 3,124,666.80; for “Andrés” GTQ
2,256,703.80; for “Hilaria” GTQ 1,562,333.40; for “Pedro” GTQ 3,645,444.60, and for “Pedro” GTQ
4,687,000.20. (The representative, in making these requests, only indicated first names and not last names.
It did refer to Santiago Coc in its brief with pleadings and motions but noted that he had no contact with his
family, explaining that, for this reason, it could not make “requests for measures of reparation.”)
228
The representative requested for “Maurilia” GTQ 85,928.34; for “Carlos” GTQ 63,014.11; for “Manuela”
GTQ 85,928.34; for “Abel” GTQ 63,014.11; for “Pablo” GTQ 46,349.22; for “Juana” GTQ 35,933.67; for
“Andrés” GTQ 25,518.11; for “Hilaria” GTQ 17,185.67; for “Pedro” GTQ 42,183, and for “Pedro” GTQ
54,681.67. It explained that “it used the interest that the banks pay those who have long-term deposits.”
229
The names of those persons, as provided by the representative, are: “Pascual José Pascual”; “Santiago
Maquín Quip”; “Rosendo Morales Ortíz”; “Víctor Carrillo Morales”; “Ricardo Pop Caal”; “Juana Felipe
225