36
Fernández in trying to establish their whereabouts. The next of kin took
different steps for such purpose, even though they do not have the relevant
receipts or other documentary support therefore;
b) given the indifference shown by the Venezuelan authorities, the next of kin
were forced to resort to national and international non-governmental
organizations, persons of local and international renown, and foreign
authorities in order to report the facts and drive the investigations forward.
Furthermore, they have resorted to public institutions to request that the
authorities engage in activities intended to guarantee the right of access to
justice; and
c) they requested that compensation be set, on equitable grounds, for the
damnum emergens sustained by the aforementioned next of kin.
76.
As regards loss of earnings, the representatives stated as follows:
a) the victims worked in the informal economy, which hinders the gathering
of evidence on their earnings. To assess loss of earnings for the three victims,
the following factors need to be taken into consideration: the age of each of
them as of the date of the illegal detention and disappearance, the official life
expectancy for Venezuela, and the statutory minimum salary in force. 25% is
to be deducted off the amount thus arrived at, to account for the personal
expenses it can reasonably be expected that each of them would have
incurred; and
b) taking the aforementioned factors into account, loss of earnings for each
one of the victims is as follows: Oscar José Blanco-Romero, 98,847,283.39
bolívares or an equivalent amount of United States dollars; Roberto Javier
Hernández-Paz, 130,620,657.02 bolívares or an equivalent amount of United
States dollars, and José Francisco Rivas-Fernández, 139,294,007.42 bolívares
or an equivalent amount of United States dollars.
Arguments by the State
77.
In its final written arguments, the State noted that the representatives were
to state, based on measurable and objective criteria, the damnum emergens and
loss of earnings caused by the violations. However, notwithstanding the claims raised
by the representatives, the State requested that the Court set, based on equitable
grounds, compensation for damnum emergens and loss of earnings in such terms
and consistently with the minimum salary in force in Venezuela.
Considerations of the Court
78.
In this section, the Court will address the issue of pecuniary damage, which
entails the loss or impairment of the victim’s income, the expenses incurred in
connection with the facts of the case and such pecuniary consequences as may have
a causal link to the facts of the instant case,50 for which purpose, if applicable, the
50
Cf. Case of Raxcacó-Reyes, supra note 1, para. 129; Case of Gutiérrez-Soler, supra note 1, para.
74; and Case of Acosta-Calderón, supra note 44, para. 157.
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