37 Court will set a compensatory amount intended to provide redress for the financial consequences of the violations declared to be such in the instant Judgment. 79. The representatives requested compensation for the loss of earnings of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández based on the age of each of them on the date of the illegal detention and forced disappearance, the official life expectancy in Venezuela51 and the statutory minimum salary in force in Venezuela. In this regard, the representatives acknowledged that they do not have accurate proof of the income earned by each victim, as they worked in the informal economy. 80. The Court has noted that the file does not contain adequate receipts to accurately assess the income earned by Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández at the time the events took place. Accordingly, considering the activities performed by the victim as a way to make a living, as well as the circumstances and peculiarities of the instant case, the Court hereby sets, on equitable grounds, the sum of US$ 45,000.00 (forty-five thousand United States dollars) for Mr. Oscar José Blanco-Romero, the sum of US$ 47,000.00 (forty-seven thousand United States dollars) for Mr. Roberto Javier Hernández-Paz, and the sum of US$ 65,000.00 (sixty-five thousand United States dollars) for Mr. José Francisco Rivas-Fernández, as reparations for the loss of earnings. Such amounts are to be delivered as per paragraph 72 hereof. 81. The representatives requested that the Court award compensation for damnum emergens based on the expenses incurred by the next of kin of Messrs. Oscar José Blanco-Romero (supra para. 51(3)), Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández in trying to determine their whereabouts and in connection with the steps taken in their quest for justice, as well as the expenses arising from the “destruction” caused by the members of the Infantry Battalion at the home of Mrs. Alejandra Josefina Iriarte de Blanco on the date of Mr. Oscar José Blanco-Romero’s detention, and the expenses incurred by Mrs. Nélida Josefina Fernández-Pelicie to purchase the medication that was essential for her psychological treatment (supra para. 51(35)). In this regard, in her testimony, Mrs. Iriarte de Blanco said that the army officers who entered her house to detain her husband caused damages she had to cover (supra para. 42). Similarly, Mrs. Gisela Romero, in her affidavit before a public official whose acts command full faith and credit, and Mrs. Nélida Josefina Fernández-Pelicie, in her testimony at the public hearing, both claimed to have incurred various expenses in their efforts to find their sons and to obtain justice in the instant case (supra paras. 41 and 42). For their part, expert Claudia Carrillo also stated that Mrs. Fernández-Pelicie has received “medical care” due to her “suicidal ideation” (supra para. 41). 82. In connection with the above, it should be noted that the representatives have failed to provide receipts or other similar evidence to assess the amount of the sums disbursed by Mrs. Alejandra Josefina Iriarte de Blanco and by Mrs. Gisela Romero, the mother of Oscar José Blanco-Romero, by Mrs. Teodora Paz de Hernández and by Mr. Roberto Aniceto Hernández, the parents of Roberto Javier Hernández, and by Mrs. Nélida Josefina Fernández-Pelicie and Mr. Francisco 51 Cf. Instituto Nacional de Estadística de Venezuela [Venezuela’s Nacional Institute of Statistics], Esperanza de vida al nacer de ambos sexos, según entidad federal (Life expectancy at birth for both genders, as per federal entity), 1999-2003 (file of appendixes to the brief containing pleadings and motions, Vol. 2, folio 3014).

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos