51
124. If any next of kin entitled to the compensations declared in the instant
Judgment dies before the pertinent compensation is paid, the corresponding amount
shall be distributed in accordance with domestic laws.168
125. Finally, as regards to the next of kin who have not submitted any
documentary evidence of their kinship to the victims (supra para. 33) and the
individuals who have been adversely affected by the events at issue in the instant
case (supra para. 60(18)), the Court will not grant them any pecuniary reparation
since they have not been declared victims. However, the Court highlights that any
ruling made in connection with the violations committed against them and any
pertinent compensation at this international stage does not eliminate or hinder the
effective protection of their individual interests in the domestic venue.169
B)
PECUNIARY DAMAGES
126. The Court shall herein address the pecuniary damage, which implies the loss
of, or detriment to, the income of the victim, the expenses incurred due to the
events and the pecuniary consequences that may have a cause-effect link with the
events in the instant case for which, if applicable, the Court fixes a compensatory
amount seeking to redress the economic consequences of the violations that were
determined in this Judgment,170 taking into account the acquiescence of the State,
the circumstances surrounding the case, the case-law of the Court, and the
arguments of the parties.
a)
Loss of Income
127. The amounts claimed by the representatives as compensation for loss of
income, which have been admitted by the State, were calculated on the basis of the
legal minimum salary in force in Venezuela, which amounts to US$2,260.46 (two
thousand two hundred sixty and forty-six cents United States Dollars),171 the age of
the victim and the years remaining to attain the age of 73,6 years, the average life
expectancy in Venezuela.172 From this amount, a percentage (25%) for expenses of
a personal nature has been discounted. The Court considers that it is convenient to
use the same formula to calculate the loss of income of each unrepresented victim,
regarding of whom the representatives have not asserted any claim. With regard to
Carlos Enrique Serrano and José Durán-Hernández-Daza, in light of the lack of
sufficient evidence to assess the age of the victims at the time of their death (supra
paras. 60(26)(5) and 60(26)(20)), this Court awards, on equitable grounds, a
168
Cf. Case of López-Álvarez, supra note 143, para. 203, and Case of Gómez-Palomino. Judgment of
November 22, 2005. Series C No. 136, para. 123
169
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 250.
Cf.. Case of Baldeón-García, supra note 3, para. 183; Case of Acevedo-Jaramillo et al., supra
note 3, para. 301, and Case of López-Álvarez, supra note 143, para. 192.
170
171
Cf. Executive Order 3.628 published in the Official Gazette No. 38.174 on April 27, 2005. See:
http://www.tsj.gov.ve/gaceta/Abril/270405/270405-38174-23.html.
172
(UNDP)
Cf. Human Development Report 2004, made by the United Nations Development Programme
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