-130the fact that it was not possible to invoke provisions of domestic law to
contest the decisions of the Court;
(b)
Should the Court consider it admissible to quantify the pecuniary
damage, the State would abide by the evidence it had provided to the Court,
and
(c)
The non-existence of wages should be presumed in the case of those
who were minors at the time of their disappearance, in the absence of
evidence to the contrary. Likewise in the case of those who, although adult,
were under 25 years of age, which is when domestic legislation considers that
a young person is completely free of the support provided by his parents. In
the case of those who were over 25 years of age, it is possible to presume an
income equivalent to the legally established minimum wage (updated each
year), with regard to the income that the victims would presumably have
received from the time of the facts until delivery of the judgment. In order to
calculate future income, it would be necessary to apply the table of life
expectancy in Colombia in rural areas, updating the value of the minimum
salary in accordance with the national rate of inflation over the last two years,
and bring the result to its current value. In both cases, 25 per cent should be
subtracted, according to the Court’s case law.
Findings of the Court
246. In this section, the Court will determine what should be awarded for
pecuniary damage and will establish a amount that seeks to compensate the
pecuniary consequences of the violations that have been declared in this
judgment,254 bearing in mind the circumstances of the case, the evidence provided,
its case law, and the relevant arguments submitted by the Commission, the
representatives and the State.
247. The Court considers that pecuniary damage should be calculated on the basis
of probative elements that allow the real damage to be ascertained.255 In the instant
case, the Court is unable to determine the pecuniary damage caused to the next of
kin of the persons disappeared and deprived of life because, in the circumstances of
this case, some of the said next of kin had to leave Pueblo Bello, so that it is
understandable that they do not have the necessary vouchers. It is possible that
several of them were obliged to leave their homes abruptly taking only essential
items. Also, there is insufficient evidence to determine the loss of income of most of
the victims. Furthermore, in the case of the minors, Manuel de Jesús Montes
Martínez, José Encarnación Barrera Orozco and Miguel Antonio Pérez Ramos, there is
nothing to help establish what kind of activity or profession they would have
exercised in the future.
248. Nevertheless, taking into account the context and the circumstances of the
case, life expectancy in Colombia in 1990, and that the agricultural activities carried
out by most of the persons disappeared and deprived of life contributed to the
254
Cf. Case of Blanco Romero et al., supra note 10, para. 78; Case of Gómez Palomino, supra note
10, para. 124; Case of Palamara Iribarne, supra note 11, para. 238.
255
Cf. Case of he “Mapiripán Massacre”, supra note 7, para. 276; Case of the “Juvenile Reeducation
Institute”, supra note 17, para. 288; Case of Molina Theissen. Judgment of May 4, 2004. Series C No.
106, para. 57, and Case of Bulacio, supra note 192, para. 84.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos