7
27.
The representatives of the victims and their next of kin subsequently provided this
Court with information on the victims' age and life expectancy, and the rural basic wage.
They also estimated each person's personal expenses at 20 percent of their total earnings.
28.
On the basis of the information received, and of the calculations made by the actuary
designated ad effectum, the Court calculated that the indemnity to be granted to each of the
victims or their next of kin depended on their age at the time of death and the years
remaining before they would have reached the age at which normal life expectancy is
estimated in Venezuela, or the time during which the two survivors remained unemployed.
In its calculations, the Court used as the base salary an amount not less than the cost of the
basic food basket, which is higher than the minimum rural wage at the time of the events.
Once the calculation was made, 25 percent was deducted for personal expenses, as in other
cases. To this amount was added the interest accruing from the date of the events up to
the present.
29.
On that basis, the Court considers that each of the deceased victims' families should
receive the following amounts as indemnities:
NAME
Julio Pastor Ceballos
Moisés A. Blanco
José I. Guerrero
Marino E. Vivas
José G. Torrealba
José Mariano Torrealba
José Ramón Puerta
Arín Ovadía Maldonado
Rigo J. Araujo
Pedro I. Mosquera
Luis A. Berrío
Rafael Magín Moreno
Carlos A. Eregua
Justo Mercado
US$ DOLLARS
23,953.79
28,303.94
23,139.44
26,838.00
28,535.66
23,139.44
27,416.52
23,558.79
26,145.70
27,235.10
25,006.34
23,139.44
28,641.52
26,145.70
30.
The Court decides to award an indemnity of US$4,566.41 to each of the two
survivors, Wolmer Gregorio Pinilla and José Augusto Arias, as compensation for the two
years during which they were unfit to work.
VIII
31.
In its brief of November 3, 1995, the Commission cited, as its basis for moral
damages, paragraph 87 of the Judgment on reparations in the Aloeboetoe et al. case, and
paragraphs 40 et seq. of the Judgment on compensatory damages in the Velásquez
Rodríguez case, observing that in the instant case
the estimated amount for moral damages is US$125,000.00 per family -based on the Velásquez and
Godínez judgments- to be equitably distributed among the families, depending on the number of
family members. The amount awarded to the survivors is half that amount (US$62,500.00). The
total figure is US$1,875,000.00.