28
c)
with respect to property damage, the direct family’s economic
situation was stable and, as a consequence of the forced disappearance of
Marco Antonio Molina Theissen, their lives changed radically. This change
significantly affected the family’s material wealth, and this must be
compensated in fairness.
Arguments of the representatives of the victim and his next of kin
53.
The representatives of the victim and his next of kin endorsed the position of
the Commission with respect to reparation for damages to Marco Antonio Molina
Theissen and his family, and they pointed out, with respect to pecuniary damages,
that:
a)
the State has the duty to provide reparations to Marco Antonio Molina
Theissen, by means of his legal heirs, for the economic detriment suffered as a
consequence of his forced disappearance, and for the grave effects and
suffering caused by the facts. The following points must be taken into account
with respect to lost earnings:
a(i)
at the time of the facts Marco Antonio Molina Theissen was only
two years away from graduating from highschool. Once he got his
highschool diploma, like his parents and sisters he would study a
university career (civil engineering), and therefore he would perform
tasks that paid more than minimum wage. It would be contrary to the
principle of comprehensive reparation not to estimate, in the
calculations, the income that the victim would have earned in the
natural and normal course of events, if it were not for his
disappearance. What is sought is not reparation of a mere possibility
of damage, but rather the forseeable course of improved income of the
victim as he became older;
b(ii)
once he obtained his professional degree in civil engineering
that Marco Antonio Molina Theissen would have aspired to, and
working full time, the victim would receive an income of Q8,000.00
(eight thousand quetzales) monthly, which is the average income of a
university professional, equivalent to US $1,000.00 (one thousand
United States dollars). 75% of this amount must be multiplied by 13
yearly salaries (12 monthly salaries, plus a bonus) and then by 34
years, starting at age 22, when Marco Antonio Molina Theissen would
have graduated from the university, until age 56, which is the average
life expectancy in Guatemala. We therefore estimate that the “lost
earnings” amount to US $331,500.00 (three hundred and thirty-one
thousand five hundred United States dollars), and the Court should
consider this figure as a parameter when setting the amount in
fairness;
b)
with respect to the “consequential damages”, the representatives
asked the Court to estimate the costs in fairness:
b(i)
in connection with the steps taken to establish the whereabouts
of the victim, that is: a) travel to courts, police stations and detention
centers, expenses amounting to US $100.00 (one hundred United
States dollars); b) publication of ads in newspapers, amounting to US
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