78
a)
the Court in its case law on reparations has established that pecuniary
damage includes consequential damage, lost earnings, and patrimonial
damage to the household;
b)
it is impossible to have authentic evidence of the victims’ jobs and the
income they received, because most of them worked in the informal sector of
the Venezuelan economy, as can be inferred from the statements of the next
of kin of the victims;
c)
in the cases of extra-judicial executions, consequential damage must
include expenses in connection with the search for the corpses, expenses for
medical treatment of next of kin, those resulting from exhumation of the
bodies, and other similar items. In cases of forced disappearance, they must
include expenses originating in steps taken to establish the whereabouts of
the victim and those incurred searching for the bodies;
d)
lost earnings, which correspond in this case to the loss of income
caused by the non-voluntary interruption of the victims’ work life, must be
quantified based on certain objective indicators (age of the deceased, life
expectancy in the country, the victims’ occupational activity, wages earned
or minimum monthly wage in force in the country). To estimate the amount
of their request in connection with lost earnings in the instant case, said
representatives took into account the minimum wage in force in Venezuela;186
e)
pecuniary damage to the victim’s household must be compensated for
as such, and this refers to various patrimonial losses, such as reduction of
household income, bankruptcy of family business, loss of jobs, etc.; and
f)
compensation must also be paid for expenses in connection with burial
and funerary services, incurred by the next of kin of the executed victims
(wives, parents, siblings, permanent companions, aunts).
81.
Pursuant to the above, the representatives submitted a specific quantitative
estimate of compensation for material damage with respect to each of the victims,
distinguishing between “consequential damage,” “lost earnings” and the sum of both
items. The Court took that estimate into account as a reference element, as pointed
out below.
Arguments of the Commission
82.
With respect to pecuniary damage, the Commission argued as follows:
a)
the State must be ordered to pay consequential damage and lost
earnings in accordance with the request made by the representatives of the
victims and of the next of kin;
186
The representatives of the victims and the next of kin asked the Court to take into account the
minimum wage in force on November 11, 1999, the date when the Judgment on the merits of the case
was delivered, which amounted to 120,000.00 bolívares.