48
iv)
to effect a symbolic recognition for the purpose of recovering
the historical memory of Mr. Gómez-Palomino, in consultation with the
victim’s next of kin, and
v)
to amend Article 320 of the Criminal Code, whereby the crime
of forced disappearance is statutorily defined, so that it may be
rendered consistent with the Inter-American Convention on Forced
Disappearance.
As regards costs and expenses
h)
the State must bear the costs and expenses, as duly shown by the
beneficiaries, taking into account the particular characteristics of the case.
Arguments of the representatives
117.
As regards reparations, the representatives alleged that:
With respect to the beneficiaries
a)
the State must compensate Mr. Santiago Gómez-Palomino, Mrs. Esmila
Liliana Conislla-Cárdenas, Mrs. Victoria Margarita Palomino-Buitrón, Mrs. María
Dolores Gómez-Palomino, Mrs. Luzmila Sotelo-Palomino, and Emiliano,
Mercedes, Mónica, Rosa and Margarita, all of them bearing the surname of
Palomino-Buitrón, as well as the girl Ana María Gómez-Guevara;
As regards pecuniary damage:
b)
as to the loss of profits, it should be taken into account that, at the
time of his detention, Mr. Santiago Gómez-Palomino was 27 years old and
his life expectancy was 66. Assuming he had continued to work as a cook in
a Chinese food restaurant, he would have continued collecting a minimum
salary plus two additional bonuses equivalent to a monthly salary each, one
for Christmas and another one for national holidays;
c)
bearing in mind the evolution of the minimum living wage since July
1992 to August 2004, according to the Instituto Nacional de Estadística e
Informática (Information Science and Statistics Institute), and taking said
figures as the basis for computing the amounts the victim would have
collected until year 2031, when he would have turned 66 years old, the total
amount of uncollected wages plus the respective bonuses, would add up to
sixty-six thousand, eight hundred and eighty-one United States dollars (US$
66,881)). The payment that the Court may order the State to make on such
grounds shall be made to the girl Ana María Gómez-Guevara and to Mrs.
Victoria Margarita Palomino-Buitrón;
d)
expenses incurred by the next of kin during their endeavors in search
for the victim, which include whole days searching in hospitals, detention
centers and court seats, must also be taken into account. The compensation
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos