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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents