58
Guatemalan norms (supra 87.1.b). These are the earnings that the victim would
presumably have enjoyed during his life expectancy of 40.05 years, the period from
his age at the time of the facts until the end of the life expectancy of a man in
Guatemala in 1988 (supra 87.G.d). 25% of this amount must be deducted for
personal expenses. The resulting amount must be brought to its value at the date of
the judgment. Consequently, the amount under this heading is US$78,372.00
(seventy-eight thousand three hundred and seventy-two United States dollars).
167. The compensatory amount established in the previous paragraph shall be
delivered to be distributed as follows (supra 83): half the amount to his wife, María
Elizabeth Chinchilla, equal to US$39,186.00 (thirty-nine thousand one hundred and
eight-six United States dollars) and the other half, that is, US$39,186.00 (thirty-nine
thousand one hundred and eight-six United States dollars) to be shared equally
between the victim’s three children: Karen Paola, Silvia Argentina and Manuel
Alberto, all Gonzalez Chinchilla; in other words, US$13,062.00 (thirteen thousand
and sixty-two United States dollars) each.
*
*
*
168. With regard to the expenses incurred by the victim’s next of kin as a result of
the complaint lodged before the State institutions, the search for the victim and the
corresponding burial, the Court, in fairness, will consider a compensatory amount for
this effect, since the Commission did not calculate a determined amount and there is
insufficient evidence on this point.
169. As for the robbery of the González Chinchilla family’s belongings, it is noted
that Mrs. Chinchilla herself, when giving testimony before this Court, doubted that
there was a connection between this event and what happened to her husband, so
that this claim is no longer valid. Regarding the wife of the victim’s move to the
United States, this Corte considers that there is a relation of cause and effect
between what happened to the victim and this fact.
170. In view of the foregoing, the Court establishes the fair amount of
US$3,000.00 (three thousand United States dollars) for María Elizabeth Chinchilla.
*
*
*
Non-pecuniary damage
Arguments of the victim’s next of kin and the Commission
171. The victim’s next of kin and the Commission requested the amount of
US$110,000.00 (one hundred and ten thousand United States dollars) for nonpecuniary damage, based on the following factors:
a)
the clandestine detention, isolation, deliberate ill-treatment and
intention of causing grave physical and mental pain, which was reflected in
the state in which the victim’s body was found (signs of hanging, cigarette
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos