2
Senator Cepeda Vargas had access to the administrative courts, which
established compensation for loss of potential earnings based on objective and
reasonable criteria. Consequently, the Court assesses positively the measures
taken by the domestic courts in this case,1 and finds that the amount established
by these courts is reasonable in terms of its case law.
6.
Far from being reasonable compensation in the terms indicated, that decision
constitutes an unjustified departure from the Court’s case law, expressed, for example,
by the judgment handed down in the Case of the La Rochela Massacre,2 in the
following words:
245.
In this case, the Court notes that, in the administrative proceedings, the
State awarded damages for loss of potential earnings to twelve children and
seven spouses or companions3 of eight of the deceased victims in accordance
with the guidelines set out by its domestic courts (supra para. 239). The Court
recognizes the efforts made by Colombia with regard to the obligation to provide
reparations and assesses them positively.
246.
The Court notes, however, that the formula used to calculate and
distribute the compensation for loss of earnings in the domestic proceedings is
distinct from the formula used by this Court. The Court considers that
compensation for loss of earnings should include the income that the deceased
victim would have received during his or her remaining life expectancy. That
amount, therefore, is incorporated into the estate of the deceased victim, but is
delivered to the next of kin. Therefore, the Court will determine the appropriate
amounts that it deems pertinent to order.
247.
The Court has verified that the next of kin of the deceased victims,
Carlos Fernando Castillo Zapata, Benhur Iván Guasca Castro and Orlando
Morales Cárdenas, filed a claim under administrative law, but were not awarded
loss of earnings, and that the next of kin of Arnulfo Mejía Duarte did not have
recourse to this procedure. In this regard, and in keeping with its case law, the
Court deems it appropriate to order compensation for loss of earnings to each of
the four deceased victims mentioned above.
248.
As it has in other cases,4 the Court establishes the following
compensation, in equity, for the loss of potential earnings of the twelve
deceased victims. In doing so, the Court takes into account aspects such as the
victims’ occupations and their corresponding remuneration, their age and life
expectancy, and the compensation awarded at the domestic level (supra para.
245): […]
1
[Footnote 334 in the text of the judgment] Cf. Case of the La Rochela Massacre, supra note 16, para. 245.
2
La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11, 2007. Series C No.
163, paras. 245 to 250. The transcript of paragraph 248 omits the details of the compensation established.
3
[Footnote 243 in the text of the judgment in the Case of the La Rochela Massacre]. The children and
spouses or companions of the deceased victims who received compensation for loss earnings were: Nicolás
Gutiérrez Morales and Sergio Andrés Gutiérrez Morales, sons of Mariela Morales Caro; Esperanza Uribe Mantilla,
wife, and Pablo Andrés Beltrán Uribe and Alejandra Maria Beltrán Uribe, children of Pablo Antonio Beltrán Palomino;
Hilda María Castellanos, wife of Virgilio Hernández Serrano; Paola Martínez Ortiz, companion and Daniel Ricardo
Hernández Martínez and Julián Roberto Hernández Martínez, sons of Luis Orlando Hernández Muñoz; Luz Nelly
Carvajal Londoño, wife, and Angie Catalina Monroy Carvajal, daughter of Yul Germán Monroy Ramírez; Mariela
Rosas Lozano, wife, and Marlon Andrés Vesga Rosas, son of Gabriel Enrique Vesga Fonseca; Blanca Herrera Suárez,
companion, and Germán Vargas Herrera and Erika Vargas Herrera, children of Samuel Vargas Páez; and Luz Marina
Poveda León, wife, and Sandra Paola Morales Póveda and Cindy Vanesa Morales Póveda, daughters of César
Augusto Morales Cepeda.
4
[Footnote 244 in the text of the judgment in the Case of the La Rochela Massacre] Cf. Case of the Ituango
Massacres, supra note 15, para. 373; Case of the Pueblo Bello Massacre, supra note 12, para. 248; and Case of
Blanco Romero et al., supra note 119, para. 80.
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