80
medical expenses for hospitalization. Clemencia Patricia Álvarez, sister-in-law of Manuel
Guillermo Omeara Miraval, travelled to contact people who would help with managing the
search. They added that, although there is no documentary evidence showing the consequential
damage, they requested that the payment of a sum of money be ordered in accordance with
equity, according to Article 43(1) of the Court's Rules of Procedure.
315.
The Commission did not express a position on these arguments.
316. The State argued that there is no evidence regarding consequential damage and
therefore said request should be dismissed.
317. According to the report from the representatives, the next of kin of Messrs. Omeara
Carrascal and Álvarez Sánchez have incurred a series of expenses related to their hospitalization
as a result of the attacks they suffered, as well as the search for the whereabouts of Manuel
Guillermo Omeara Miraval. Although they have not presented receipts for said disbursements,
the Court considers that they have a direct causal link with the violations in this case, and finds
it reasonable to presume that their next of kin effectively incurred various expenses.
318. Consequently, this Court establishes, in fairness, the sum of USD$10,000.00 (ten
thousand United States dollars) for consequential damages in favor of each family group, which
the State must pay in accordance with the criteria established in paragraph 328 of this
judgment.
F.2.2. Loss of income
319. The representatives pointed out for loss of earnings, since there is no specific evidence,
its calculation must take into account the labor, social, educational circumstances and
professional qualifications of the victim to determine their presumptive income. For this, they
provided the expertise of Fernando Ruiz to calculate the corresponding amounts.
320. In this regard, they indicated that in the case of Noel Emiro Omeara Carrascal, as he
worked in agriculture and livestock, his income had to be established based on presumptive
income, that is, 7% of the value of his properties. The estimated value of these was
88,187,165.00 Colombian pesos for the year 1994, so it is possible to establish that he had an
annual income of at least 5,753,102.00 Colombian pesos. According to said value and his life
expectancy, which would end in 2008, the amount corresponding to loss of earnings was
calculated. Noel Emiro Omeara Carrascal would receive 297,881,368.00 Colombian pesos for
this item, equivalent to USD$98,963.91 (ninety-eight thousand, nine hundred and sixty-three
United States dollars, and 91 cents). In the case of Manuel Guillermo Omeara Miraval, it was
not possible to establish his income, because undertook the administration of his father-in-law's
farm; Therefore, the minimum wage was used as a base and his loss of income was calculated
taking into account his life expectancy. In this way, he would be entitled to the sum of
330,952,355.00 Colombian pesos, equivalent to USD $109,950.95 (One hundred and nine
thousand, nine hundred and fifty United States dollars and ninety-five cents). Finally, in the
case of Héctor Álvarez Sánchez, they requested the sum of 435,827,178.00 Colombian pesos,
equivalent to USD$144,793.08 (One hundred and forty-four thousand, seven hundred and
ninety-three United States dollars and eight cents), according to the calculation of the value of
his properties, because he had a presumptive income of 6,260,327.00 Colombian pesos, and
taking into account his life expectancy.
Álvarez, Elba Katherine Omeara Álvarez and Claudia Marcela Omeara Álvarez due to their displacement, and therefore
it will take them into account when considering non-pecuniary damage.