103
44.
The representatives of the victims requested that the Court consider the
following elements to determine the compensatory indemnification:
a)
loss of the income that Efraín Bámaca Velásquez would have obtained
as a consequence of his entry into regular work activities, once the
peace accord was signed.50 For this, they determined a monthly
income51 that the victim would have received over the years of his life
expectancy.52 They made an estimate of this income in dollars,53
added the Christmas bonus and thirteenth month set forth by law,
subtracted 25% for personal expenses, and finally added the accrued
interest;54
b)
the expenses incurred by Jennifer Harbury with the aim of obtaining
information on the whereabouts of Efraín Bámaca Velásquez, and
subsequently the search for his body, as well as her expenses due to
steps regarding investigation and the search for justice under the
domestic and international jurisdictions;55
c)
the loss of income by Jennifer Harbury during the years in which she
sought to determine the whereabouts of Bámaca Velásquez and the
search for justice en connection with the facts in the instant case, for
50
This entry would have taken place since March, 1997, when the Peace Accord was signed and the
Unidad Revolucionaria Nacional Guatemalteca (URNG) turned in its weapons.
51
As reference to establish an income for the victim, the representatives of the victims used an
average of the income of persons in similar circumstances to those of the victim, as combatants or social
leaders, who continued with economic activities after the signing of the Peace Accord, as well as the
leadership qualities and proven experience of the victim in community work, for which reason they
estimated a monthly income of Q16.250,00.
52
Life expectancy was 71 years, according to statistics of the Economic Studies Center for Latin
America and the Caribbean (ECLAC).
53
The exchange rate on November 20, 1991, according to the Bank of Guatemala was Q7.752645
per dollar.
54
This estimate would represent the amount of US$590,463.00 (five hundred ninety thousand four
hundred and sixty-three United States dollars); however, for lack of exact references, the representatives
of the victims requested the amount of US$300,000.00 (three hundred thousand United States dollars).
55
The representatives of the victims included among these expenses the purchase of air tickets by
Mrs. Harbury, the witnesses, and international observers who traveled to Guatemala for steps taken
between 1992 and 1998, for a total sum of US$21,167.00 (twenty-one thousand ninety-six United States
dollars), payment of Hotels in Guatemala, fir a total sum of US$10,896.00 (ten thousand eight hundred
and ninety six United States dollars), expenses in connection with exhumation procedures for the sum of
US$2,051.00 (two thousand fifty-one United States dollars), ground transportation expenses in Guatemala
for the amount of US$4,070.00 (four thousand and seventy United States dollars), steps before the
Human Rights Committee of the United Nations for a total of US$880,00 (eight hundred and eighty United
States dollars) and other expenses, including phone calls, faxes, adds in the press, photocopies, and legal
proceedings, adding up to US$6,000.00 (six thousand United States dollars). However, the amount
requested in equity by the representatives of the victims was US$25,000.00 (twenty-five thousand United
States dollars).