183. For its part, the State asserted that the representatives "have not used any of the
rational, prudent, or measured parameters available to them for calculating a legally
viable and morally just compensatory claim according to applicable domestic and
international standards" on the issue of reparations. In addition, the State holds that the
representatives "did not include any valid evidence to even minimally justify the source
[or] the amounts of the requested pecuniary reparations.” Consequently, the State
asked the Court to reject the claims of the representatives and "in keeping with the
circumstances of the case, establish the reparations due to the family members of Iván
Eladio Torres Millacura based on the principle of equity and in keeping with applicable
international standards on the subject."
D.1.2.
Considerations of the Court.
D.1.2.1.
Iván Eladio Torres Millacura
184. The Court notes that as can be deduced from the case file, particularly the
testimony given by Mrs. Leontina Millacura Llaipén and Mr. Marcos Alejandro Torres
Millacura, at the time of his disappearance, Mr. Torres Millacura was unemployed.
Nevertheless, it can also be deduced from that testimony that Mr. Torres Millacura often
did different construction work. 179 The representatives did not submit pleadings or
evidence allowing the Court to verify Mr. Torres Millacura’s income for the different
activities that he carried out. Consequently, the Court rules to establish, in equity, the
amount of US $40,000.00 (Forty thousand US dollars of the United States of America) or
its equivalent in Argentine currency. This amount must be paid by the deadline that the
Court establishes for doing so (infra para. 207).
D.1.2.2.
María Leontina Millacura Llaipén, Fabiola Valeria Torres, and
Marcos Alejandro Torres Millacura.
185. The Court notes that the representatives did not provide any evidence justifying
the request for the total amount of US $506,970.00 (five hundred and six thousand, nine
hundred and seventy dollars of the United States of America), and US $5,955.00 (five
thousand, nine hundred and fifty-five dollars of the United States of America) monthly as
of October 30, 2010, until Ivan Eladio Torres Millacura appears, for Mrs. Millacura Llaipén
and her children, Fabiola Valeria Torres and Marcos Alejandro Torres Millacura, for
pecuniary damages. In addition, it can be deduced from the case file that Mrs. Millacura
Llaipén was unemployed at the time of the facts. 180 Nevertheless, it is reasonable to
assume that Mrs. Millacura Llaipén made certain expenditures while looking for her son,
given that as she told it, she lived in the First Precinct for more than one year in protest.
This was not refuted by the State. 181 Therefore, the Court rules to set, in equity, the
amount of US $10,000.00 (Ten thousand US dollars of the United States of America)in
pecuniary damages in favor of Mrs. María Leontina Millacura Llaipén. This amount must
be paid by the deadline that the Court establishes for doing so (infra para. 206).
179
Cf. Testimony of María Leontina Millacura Llaipén rendered at the public hearing before this Court;
Testimony rendered before notary public by Marcos Alejandro Torres Millacura on May 9, 2011 (case file on the
merits, tome II, folio 1173). See also, the testimony rendered before notary public by Fabiola Valeria Torres on
May 12, 2011 (case file on the merits, tome II, folio 1110).
180
Cf. Testimony of María Leontina Millacura Llaipén rendered at the public hearing before this Court.
Moreover, in the complaint filed by Mrs. Millacura Llaipén on October 14, 2003, before the First precinct of
Comodoro Rivadavia, she testified that she was “unoccupied” (case file of annexes to the application, tome X, f.
7199). Moreover, in testimony rendered by Mrs. Millacura Llaipén before Examining Judge no. 2 on November
6, 2003, she notes she is “a housewife" (case file of annexes to the application, tome X, folio 7375).
181
Cf. Testimony of María Leontina Millacura Llaipén rendered at the public hearing before this Court.
53
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