179. The Court notes that the representatives forwarded a voucher for the salary of Jorge
Omar Gutiérrez as Assistant Commissioner, 277 as well as tables of the National Census and
Statistics Institute on life expectancy at birth by sex and by jurisdiction in Argentina for the
years 1990/1992 and 2000/2001 278 For its part, the State indicated that both the widow
and the children of Jorge Omar Gutiérrez have received and continue to receive the pension
that corresponded to him from the social security institute, without providing any evidence
in this regard. The representatives did not disprove this allegation by the State; however,
this Court has verified that the Directorate General of Judicial Affairs of the Police of the
province of Buenos Aires decided to declare “the death of Assistant Commissioner Jorge
Omar Gutiérrez attributable to service [and] to notify the heirs […] of the compensation
provided,” 279 and to provide certified copies to the “Retirement and Pension Fund,” for the
pertinent effects. Therefore, the Court will not order a compensatory amount for the next of
kin of Jorge Omar Gutiérrez for the said loss of earnings as of his execution.
D.1.3. Damage to the family wealth
180. The representatives affirmed that the family of Jorge Omar Gutiérrez were unable to
carry out their daily activities owing to the change in their personal circumstances as a
result of his execution. In this regard, they indicated that, as of the death of her husband,
Nilda del Valle Maldonado was obliged to begin to work, and could not devote herself solely
to running her home and taking care of her children. They argued that Jorge Gabriel, the
elder son of Jorge Omar Gutiérrez, who was 18 years of age at the time of his father’s
death, had to start working to ensure the subsistence and protection of the whole family. In
addition, Omar David, 16 years old at the time of the incident, had to work and study at the
same time. Meanwhile, Marilin, who was aged 13 at the time of the events, also suffered
the consequences in her daily life. Furthermore, all of them, and also Nilda and Francisco
Gutiérrez, sister and brother of Jorge Omar Gutiérrez, dedicated much of their time to
promoting the investigation and seeking to obtain justice for the execution, to the detriment
of other activities that they could have carried out, and also “together, covered the
expenses related to the search for justice and the maintenance of [his] memory.”
Consequently, the representatives asked the Court to establish a compensatory amount in
accordance with criteria of equity. The Commission did not make any observations in this
regard.
181. For its part, the State indicated that, when asserting that “it was the siblings Jorge
Omar [Gutiérrez] who, jointly, covered the expenses related to this search for justice,” it
was sought to include items that corresponded to “costs and expenses” under this heading.
182. This Court has granted compensation for the concept of damage to the family wealth
in cases in which, even when there is no appropriate mechanism that shows the exact
amount or value of the harm caused, damage to the family wealth can be inferred from the
facts revealed by factors such as: a substantial change in the conditions and quality of life
that are a direct consequence of the acts that can be attributed to the State; expenditure
incurred in relation to exile or moving house; social reincorporation expenses; expenses
incurred to obtain employment that was lost as a result of the violations committed by the
277
The voucher is for a net sum of 931.76 Argentine pesos and for a paid sum of 899.46 Argentine pesos. Cf.
Voucher for the salary of Jorge Omar Gutiérrez (file of annexes to the pleadings and motions brief, folio 2030).
278
Cf. INDEC tables on life expectancy at birth, by sex and by jurisdiction, in Argentina, 1990/92 and
2000/2001 (file of annexes to the pleadings and motions brief, folio 2032).
279
Cf. Decision No. 104097 (file of annexes before the Commission, folio 101).
60
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