56
160. In view of the foregoing, this Court, in fairness, establishes a total amount of
US$22,000.00 (twenty-two thousand United States dollars) for the non-pecuniary
damage caused to the victim and his next of kin. This amount must be distributed as
follows: US$20,000.00 (twenty thousand United States dollars) to his mother, Juana
Barrientos Valenzuela, and US$1,000.00 (one thousand United States dollars) to
each of his siblings, Francisca and Tino Corado Barrientos.
*
*
*
MANUEL DE JESÚS GONZÁLEZ LÓPEZ
Pecuniary damage
The arguments of the next of kin
161. Under the general heading of pecuniary damage, the next of kin included two
items in their brief of September 1, 1998:
a)
the loss of earnings of Manuel de Jesús González López during 41.57
years (from 29 to 70.57 years of age) as a car mechanic, with a monthly
income of approximately Q598.82 (five hundred and ninety-eight quetzales
and eight-two cents) plus two annual bonuses equal to two months wages,
which would add up to an annual salary at the time of the facts of Q8,400.00
(eight thousand four hundred quetzales) “or its equivalent of US$5,500.00”
(five thousand five hundred United States dollars) in 1998. In this respect, it
indicated that the figure requested was very conservative, because he had
just received an increase in salary at work and was studying human relations
which would have further improved his income; and
b)
the expenses that the next of kin incurred, including travel expenses
for the victim’s wife to travel from Guatemala to Los Angeles, United States,
amounting to US$1,620.00 (one thousand six hundred and twenty United
States dollars). In a subsequent brief and during the public hearing, the
representative of the next of kin explained that the amount was US$1,720.00
(one thousand seven hundred and twenty dollars) and not US$1,620.00 (one
thousand six hundred and twenty United States dollars) as had been reported
in the initial brief.
The Commission’s arguments
162. In its briefs of August 31, 1998, and August 2, 1999, the Commission
indicated the following under the general heading of pecuniary damage:
a)
regarding the loss of earnings of Manuel de Jesús González López, it
underlined that the life expectancy of a man in Guatemala at the time of the
facts was 46.53 additional years, and that the victim worked as a mechanic at
the time of the facts. In its second brief, the Commission endorsed the
income claimed by the next of kin and adjusted it to the criteria established
by this Court, in particular, with regard to the deduction of 25% for personal
use and the addition of interest; and
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