2
5.
As far as the indemnity for “loss of earnings” is concerned, paragraph 50 of the
Court's judgment on reparations states that to arrive at an appropriate amount for the
material damages suffered by the victims, “for reasons of equity and in view of the actual
social and economic situation of Latin America, [the Court] fixes the amount of US$125.00
as the victims' probable income, and therefore as the monthly figure to be used for
calculating the correct compensation.” It adds that “[o]nce the calculation has been made,
25 percent shall be deducted for personal expenses ... The interest accruing from the date
of the events up to the present shall be to that amount.”
This means that the Court does not take into account the statistics on Minimum Living
Wages (Salaries) for 1986-1995 from the Ministry of Labor and Social Welfare, submitted by
the Government of Peru (F. 1029 to F. 1032). Had it done so, the amount of the compensation would have been considerably lower than that established in paragraphs 51 and 52 of
the judgment on reparations. Nor should it have invoked, as stated, “reasons of equity and
the actual economic and social situation of Latin America,” when examining a specific case in
one country and not in a region as a whole.
Judge Orihuela-Iberico
Judge ad hoc
Manuel E. Ventura-Robles
Secretary