106
(iv) the expenses incurred in order to provide meals during his detention
in the Castro-Castro, Huacariz, and El Milagro Prisons, which were partly
covered covered by his severance pay, and by the lease of some family
lands and by his siblings contributions, amount to US $ 5,495 (five
thousand four hundred and ninety-five U.S. dollars);
(v) the traveling expenses incurred by his siblings to visit him at the
Cajamarca and Trujillo Prisons amount to US $ 2,295 (two thousand
two hundred and ninety-five U.S. dollars);
(vi) the expenses incurred by the alleged victim’s siblings to buy hin
medicines amount to US $ 1,061 (one thousand and sixty-one U.S.
dollars);
(vii) attorneys’ fees covering a 13-year period during which the first
court trial convicted and sentenced him to serve twenty years in prison,
and further covering the current judicial proceedings currently being held
as a consequence of the invalidity of the former, which in the aggregate
amount to US $ 1,053 (one thousand and fifty-three U.S. dollars;) and
(viii) expenses incurred to send mail and faxes abroad, amounting to US
$ 1,932 (one thousand nine hundred and thirty-two U.S. dollars).
Arguments of the State
258.
The State has not filed any arguments regarding pecuniary damage.
Considerations of the Court
259. The Court shall determine the pecuniary damage arising from the loss of
income suffered by the victims and the expenses incurred by their next of kin as a
consequence of the events occurred,192 and shall fix a compensation amount to remedy
the financial consequences of the violations occurred. For that purpose, the Court shall
take into consideration the partial acknowledgement of responsibility made by the
State and the evidence gathered in the instant case, as well as its prior decisions and
the arguments filed by the Commission and by the representatives.
a) Loss of income
260. The Court considers proven that Wilson García-Asto was studying Systems
Engineering by the time he was detained, and for that reason he could not complete
his studies (supra para. 97(10).) Furthermore, the Court considers proven that
Urcesino Ramírez-Rojas was an economist who was retired at the moment of his
detention, and had planned to carry on activities related to rendering advisory services
and conducting research projects (supra para. 97(69)).
192
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 265; Case of Raxcacó-Reyes, supra note
10, para. 129; and Case of Gutiérrez-Soler, supra note 6, para. 74.
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