139
568. The representatives alleged that a “more exact” calculation of loss of earnings
required taking into account a certain type of “annual increment” with regard to the
“daily wage” and the “adjusted salary” that the victims received. They also referred to
concepts such as an “integration factor” and “progressive wages for subsequent
years.” They indicated that all the “factors” that the Court has developed in its
jurisprudence and that are related to “weighing the age at the time of death, and the
remaining years to complete the average life expectancy in the country in question
should be included, as well as an “estimate” of the wages paid for the “type of work
carried out by the victims,” and their “professional preparation and opportunities.”
They indicated that the Tribunal should not subtract “25% for the personal expenses
that the victims could have incurred,” because in the case of Bámaca Velásquez v.
Guatemala, “the Court did not subtract this amount.” Lastly, they drew up a formula to
calculate the loss of earnings, which they used to estimate the amounts owed to each
victim under this heading.545
569. The representatives argued that Esmeralda Herrera worked “as a domestic
employee,” received a monthly wage of $3,000.00 (three thousand Mexican pesos)
and that, at the time of her death, she was 15 years old. Based on their formula, they
calculated that Esmeralda Herrera’s total loss of earnings amounted to $15,520,085.59
(fifteen million five hundred and twenty thousand and eighty-five Mexican pesos with
59/100), which, in their opinion, would equal US$958,029.97 (nine hundred and fiftyeight thousand and twenty-nine United States dollars with 97/100), based on the
exchange rate on February 20, 2008.
570. Regarding Claudia Ivette González, the representatives alleged that she worked
in a “maquiladora” industry and that, at the time of her death she was 20 years old
and earned a monthly salary of $2,000.00 (two thousand Mexican pesos). Based on
their formula, they indicated that her loss of earnings amounted to $7,593,561.83
(seven million five hundred and ninety-three thousand five hundred and sixty-one
Mexican pesos with 83/100) equaling US$703,107.57 (seven hundred and three
thousand one hundred and seven United States dollars with 57/100).
571. In relation to Laura Berenice Ramos, the representatives indicated that, at the
time of her disappearance she was 17 years of age, she worked in a restaurant as a
cashier and received a monthly salary of $4,600.00 (four thousand six hundred
Mexican pesos). Based on their formula, they indicated that her loss of earnings
amounted to $20,400,026.75 (twenty million four hundred thousand and twenty-six
Mexican pesos with 75/100), equal to US$1,888,891.36 (one million eight hundred and
eighty-eight thousand eight hundred and ninety-one United States dollars with
36/100).
572. In their final arguments, the representatives advised that the total United
States dollar equivalent for the loss of earnings of Esmeralda Herrera at the rate of
exchange on June 12, 2009, was US$772,143.56 (seven hundred and seventy-two
thousand one hundred and forty-three United States dollars with 56/100), and that of
Mss. González and Ramos, US$566,683.71 (five hundred and sixty-six thousand six
hundred and eighty-three United States dollars with 71/100) and US$1,522,390.00
(one million five hundred and twenty-two thousand three hundred and ninety United
States dollars), respectively.
573. The State, for its part, reported that Esmeralda Herrera carried out “domestic
cleaning” tasks and that, in the State of Chihuahua, the average wage for this type of
545
The representatives exhibited tables calculating the amount of the victims’ loss of earnings, but did
not explain how the formula had been developed (case file of attachments to the pleadings and motions
brief, volume XXIII, attachment 19, folios 8099 to 8105).
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