52
Gómez-Palomino would have worked during his whole productive life, and he would
have collected, at least, a minimum wage, with the corresponding bonuses and
benefits. In this respect, taking into account the average life expectancy in Peru79
and bearing in mind the activities whereby the victim used to earn his living, as well
as the circumstances and particular characteristics of the case, the Court fixes on
equitable grounds the amount of US $50,000.00 (fifty thousand United States
Dollars), or its equivalent in Peruvian currency, as the compensation of Mr. Santiago
Gómez-Palomino for loss of income. Said amount shall be distributed between Mrs.
Victoria Margarita Palomino-Buitrón and the girl Ana María Gómez-Guevara, as per
paragraph 121 of this judgment.
b)
Consequential damages
126. With the purpose of learning about the fate and the whereabouts of Mr.
Gómez-Palomino, his next of kin carried out many actions before governmental
authorities, among which it is worth mentioning their visits to the courts, police
stations and detention centers, hospitals and morgues (supra para. 54(10)). The
Court deems that the State must pay compensation for said expenses, as they have
a direct cause-effect link with the violations tried in the instant case.80 The Court
finds that no satisfactory evidence is included in the case file that may allow the
accurate determination of the amount of the expenses in which the next of kin of
Mr. Gómez-Palomino may have incurred when carrying out said activities. In view of
the special circumstances of the case, the Court considers it proper to fix, on
equitable grounds, the amount of US $ 3,000 (three thousand United States
dollars), or its equivalent in Peruvian currency, as compensation for the
abovementioned damage. Said amount shall be paid, in equal shares, to Mrs.
Victoria Margarita Palomino-Buitrón, Mrs. María Dolores Gómez-Palomino and Mrs.
Luzmila Sotelo-Palomino.
127. Similarly, during the first year after the detention and forced disappearance
of Mr.Gómez-Palomino, his mother, Mrs. Victoria Margarita Palomino-Buitrón, was
exclusively devoted to search her son and, therefore, she had to quit her work. As
she had not the financial support of Mr. Santiago Gómez-Palomino any more, her
family endured great financial hardship, which was attenuated by the contributions
made the elder sisters; Mrs. María Dolores Gómez-Palomino and Mrs. Luzmila
Sotelo-Palomino (supra para. 48(a)). Besides, three months alter the disappearance
of her son, Mrs. Victoria Margarita Palomino-Buitrón had to undertake full
responsibility for the upbringing of her grand-daughter, Ana María Gómez-Guevara,
who was only fifteen days old and the posthumous daughter of Mr. Santiago
Gómez-Palomino (supra para. 54(24)), and therefore this Court presumes that such
event generated expenses in which, had the forced disappearance of Mr. GómezPalomino not occurred, Mrs. Palomino-Buitrón would have never incurred.
79
During years 2000 to 2005 life expectancy average in Peru was 69.8 years of age. Table
prepared by the Instituto Nacional de Estadística e Informática (Peruvian Institute of Information
Technology and Statistics) (appendixes to the brief of requests and arguments. Appendix 6, p. 393).
Cf. Case of the Yakye Axa Indigenous Community, supra note 8, para. 194, and Case of the
Serrano-Cruz Sisters, supra note 51, para. 152.
80
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