368. The Court observes that the expenses relating to the activities of investigation and
promotion of legal actions referred to by the representatives were supposedly incurred to
obtain justice. Therefore, it will examine them in the section on costs and expenses of this
judgment and not in this section which concerns compensation for pecuniary damage.439
369. Additionally, the representatives stated that Luisa del Carmen Barrios assumed the
maintenance of the children of her brother Narciso Barrios as of 2003, and that the children
lived with their grandmother, Justina Barrios. They indicated that Luisa del Carmen incurred
expenses for uniforms, school materials and food, among other elements and, to December
2010, this amounted to the sum of BsF 144,000.00 (one hundred and forty-four thousand
Bolívares Fuertes), approximately US$33,488.37 (thirty-three thousand four hundred and
eighty-eight United States dollars and thirty-seven cents) based on BsF 1,500.00 (one
thousand five hundred Bolívares Fuertes) each month.
370. The Court has found proven that the children of Narciso Barrios, Benito Antonio
Barrios Rangel and Annarys Alexandra Barrios Rangel, went to live with Luisa del Carmen
Barrios following the death of Narciso Barrios.440 The case file does not contain any
probative support for the expenses incurred in this regard. However, the Court finds it
reasonable to assume that Luisa del Carmen Barrios incurred financial expenses owing to
the maintenance of the children of Narciso Barrios. Consequently, the Court establishes, in
equity, the sum of US$5,000.00 (five thousand United States dollars), or its equivalent in
Bolívares Fuertes, in her favor.
371. Regarding loss of earnings, the representatives indicated that “the members of the
Barrios family, finding themselves in a vulnerable financial situation and not having studied
a profession, did not have a specific salary.” They asked the Court to determine loss of
earnings based on the minimum wage in Venezuela, taking into consideration the age of the
victim at the time of his death and his life expectancy in the cases of Benito Antonio Barrios,
Narciso Flores Barrios, Luis Alberto Barrios, Rigoberto Barrios, Oscar José Barrios and
Wilmer José Barrios. Based on these criteria, they developed a formula for calculating loss
of earnings, and used it to estimate the amounts due to each victim for this concept.441
372. The State rejected the amounts requested by the representatives and indicated that
the compensation should not make the victim richer.
373. Taking into account the age of the victims at the time of their death, the elements in
the case file and based on the principle of equity, the Court decides to establish the
following amounts for pecuniary damage:
Name
Amount
Benito Antonio Barrios
US$ 55,000.00
Narciso Barrios
US$ 57,500.00
Luis Alberto Barrios
US$ 55,000.00
439
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs. Judgment of March 1,
2005. Series C No. 120, para. 152, and Case of Contreras et al., supra note 405, para. 224.
440
Cf. Affidavit made by Luisa del Carmen Barrios on June 23, 2011 (merits file, tome III, folio 903).
441
The representatives requested US$253,671.00 in the case of Benito Antonio Barrios, US$286,705.00 in
the case of Narciso Antonio Barrios, US$271,882.00 in the case of Luis Alberto Barrios, US$329,858.00 in the case
of Rigoberto Barrios, US$297,158.00 in the case of Oscar José Barrios, and US$312,548.00 in the case of Wilmer
José Barrios. The 25% corresponding to personal expenses has not been subtracted from these amounts (file of
attachments to the pleadings and motions brief, sole tome, attachment 8, folios 4141 to 4144).
110
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