Inter-American Court of Human Rights


Pleadings of the Commission



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Pleadings of the Commission

284. In the case of compensation for pecuniary damages, the Commission observed that:


a) absent proof to the contrary, the State has already covered the damnum emergens, as it paid various funeral expenses in the case of deceased victims; it also paid the medical expenses of the children injured in the fires; and
b) in order to determine the lucrum cessans in a just and equitable manner, the Court must consider the wages that the victims ceased to receive as a consequence of the State’s violation of their right to life, their ages at the time of their deaths, the number of years before they would have reached the average life expectancy in Paraguay, and the minimum wage currently being paid. The Commission considered that upon their release, the deceased inmates would have joined the work force; inasmuch as at the time of their deaths the inmates were not working, the Commission reasoned that the Court should fix a sum in equity to determine the compensation owed to each deceased inmate, taking each victim’s particular circumstances into account. Finally, the Commission was of the view that some monetary amount should be set to compensate for post-fire consequences sustained by the children injured in those fires, such as permanent injuries that will have an impact on future job performance.

Pleadings of the representatives
285. The representatives argued that according to the testimony of certain victims, the State did not pay some of the medical and burial expenses. However, no documents were provided to support the damnum emergens and lucrum cessans because, the representatives stated, it was difficult to contact the victims and their next of kin. On the other hand, the next of kin or juveniles who were contacted do not recall what expenses they incurred and have no records of those expenses. The representatives therefore asked that for every juvenile who was interned in the Center at any time during the period between August 14, 1996 and July 25, 2001, the Court set an amount for pecuniary damages that takes the following considerations into account:
a) in the case of the deceased, the age at time of death, the average minimum wage in Paraguay between 1996 and 2001, and the number of years before they would reach the average life expectancy in Paraguay. They also reasoned that when fixing the total compensation, the missed opportunity should also be factored in, which is an allowance for the chance that each fatality might have increased the earnings he was receiving from the trade or vocation that he was performing at the time of his death, and the potential impact that this might have had on his future wages;
b) in the case of the injured, an amount that takes into account consequences such as permanent injuries or disorders which will have an impact on each victim’s future job performance, based on case-by-case assessments done by the interdisciplinary team of professionals attending to the victim’s medical and psychological care;
c) in the case of all juveniles who were interned in the Center at any time between August 14, 1996 and July 25, 2001, the inhuman conditions they were forced to endure and the impact they will have on their future job performance. On that basis, they requested a grant in equity to compensate for the impact that time spent in that “infernal place” is having and will have on their lives and that takes into account every day spent imprisoned; and
d) in the case of the inmates transferred to adult prisons, the representatives were seeking a grant in equity for every day each juvenile spent in an adult prison, owing to the impact that experience will have on his future job performance.


Directory: docs -> casos -> articulos
docs -> #17622 Relational Leadership: New Developments in Theory and Practice
docs -> Leadership Development Programs and ecq-based Readings
articulos -> Inter-American Court of Human Rights Case of Loayza-Tamayo v. Peru Judgment of November 27, 1998
articulos -> Inter-American Court of Human Rights Case of DaCosta Cadogan v. Barbados Judgment of September 24, 2009
articulos -> Inter-American Court of Human Rights Case of Albán-Cornejo et al v. Ecuador Judgment of August 5, 2008
articulos -> Inter-American Court of Human Rights Case of Baldeón-García v. Perú Judgment of April 6, 2006
casos -> Operation Condor
casos -> Humberto antonio sierra porto and eduardo ferrer mac-gregor poisot case of the kali
articulos -> Official summary issued by the inter-american court

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