Inter-American Court of Human Rights

Considerations of the Court

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Considerations of the Court

287. Based on the information received during the course of this proceeding, the facts proven, the violations established and its jurisprudence constante, the Court finds that the compensation for pecuniary damages in the instant case should include the following:

a) Lucrum cessans
288. In the case of the income that deceased inmates Elvio Epifanio Acosta Ocampos, Marco Antonio Jiménez, Diego Walter Valdez, Sergio Daniel Vega Figueredo, Sergio David Poletti Domínguez, Mario de Pilar Álvarez Pérez, Juan Alcides Román Barrios, Antonio Damián Escobar Morinigo, Carlos Raúl de la Cruz, Benito Augusto Adorno, Richard Daniel Martínez and Héctor Ramón Vázquez ceased to receive, the Court considers that no definite fact has been established that would enable the Court to determine what activity or trade those inmates would have eventually practiced. This category of damages must be calculated on the basis of a definite injury that is sufficiently substantiated to find that the injury likely occurred.1 Given the circumstances of the instant case, the evidence is not sufficient to prove the income lost. The Court will, therefore, grant an award in equity that uses the minimum wage in Paraguay to calculate the lost income.
289. Given the considerations set out in the preceding paragraph and taking into account, inter alia, the circumstances of the specific case,2 life expectance in Paraguay and the legal minimum salary in Paraguay,3 the Court grants in equity the sum of US$ 40,000.00 (forty thousand United States dollars) or its equivalent in the national currency of the State, to each of the deceased victims. Those amounts shall go to the next of kin of the twelve deceased inmates, as stipulated at paragraphs 279 to 281 of this Judgment.
290. As for the lucrum cessans of the injured former inmates,4 all of whom were juveniles, this Court considers that it is possible to infer that the injuries these victims sustained meant, at the least, temporary work disability. But no evidence has been provided that would enable the Court to determine what trade or vocation these children might have practiced had they not been injured. In the absence of any other proof that the parties might have furnished, the Court will compute the injured inmates’ lost income on the basis of the percentage of the body over which burns were sustained, as it regards this as the most objective criterion possible. It therefore grants in equity compensation for lost income in the following amounts: US$ 15,000 (fifteen thousand United States dollars) to those injured victims who sustained injuries on 20% or more of their bodies; US$ 13,000.00 (thirteen thousand United States dollars) for whose who sustained burns over 10% but less than 20% of their bodies; US$ 11,000.00 (eleven thousand United States dollars) for who sustained injuries from 5% but less than 10% of their bodies, and US$ 9,000.00 (nine thousand United States dollars) to those who sustained injuries over less than 5% of their body.
291. For some of the injured former inmates, this Court has the following figures for the percentage of the body on which burns were sustained:

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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