97
53 years remained. Along the same lines, she could have been expected to have
completed her university studies in 1982, approximately, and would have then
started her professional career. They stated that the minimum wage in Argentina in
1976 was US$200, and updating that amount to the current value and applying a
formula based on various standards, had she not been detained in disappearance,
that amount would be US$ 312,512.02, which should be increased by 50%, since
she would have received higher income due to her professional studies in Philosophy
and Letters, and then subtracting 25% due to personal expenses. Therefore, they
requested that the State pay María Macerna, as heiress of María Claudia García, an
amount of US$385,326.02 for loss of earnings, for income not obtained by the
latter.
293. In regard to income that María Claudia García would have received during the
likelihood of her lifespan, had the enforced disappearance not occurred, the Court
decides to fix in equity and based on loss of earnings, the corresponding amount of
US $300,000.00 (three hundred thousand dollars of the United States of America) or
its equivalent in Uruguayan pesos, which should be distributed in equal parts among
the beneficiaries according to applicable law.
D.2.
Non-pecuniary damage
294. The Commission argued that the non- pecuniary damage as a consequence of
María Claudia García’s disappearance is evident, as are the detrimental
consequences resulting from denying access to justice to her next of kin and that it
is presumed that her next of kin have experienced intense psychological harm,
anguish, pain and suffering, and a change in their life plans as these relate to
government actions, lack of justice in a reasonable period time, and the
corresponding punishment for those involved in the events.
295. In regard to “moral damage,” the representatives requested that a sum of
$100,000.00 USD (one hundred thousand dollars of the United States of America) be
set, which should be awarded to her heiress, María Macarena Gelman. As of María
Macarena, they alleged that Uruguay had violated her personal integrity in “two
dimensions”: for the disappearance of her mother and for the conditions around her
birth and suppression of her identity. They requested, in view of “the drastic change
in [her] life, “imposing different life circumstances that modified [the] plans and
projects that could have been realized under ordinary conditions of existence,” to
which the State violated her life plans, which is ongoing, given that Maria Macarena
Gelman devotes all of her efforts to the search for truth regarding the fate of her
mother and her earliest days of life, as well as to the search for justice. As such, the
representatives requested that the State pay María Macarena Gelman the amount of
$250,000.00USD (two hundred and fifty thousand dollars of the United States of
America).
296. International jurisprudence has repeatedly established that a judgment can
constitute per se a form of reparation. 322 Bearing in mind that non-pecuniary
damage encompasses “pain and suffering caused to the victim and her next of kin,
infringement of principles which are highly significant to persons, as well as non-
322
Cf. Case of Neira Alegría et al.. Reparations and Costs, supra note 312, para. 56; Case of Gomes
Lund et al. (Guerrilha do Araguaia), supra note 16, para. 310, and Case of Cabrera García and Montiel
Flores, supra note 16, para. 260.
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