It does not consider that it should accept any

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Reparation Program(PIR), and the regulations in force. It does not consider that it should accept any additional amount as financial compensation.” These arguments, drafted in various different ways, are retained in its final arguments. 165. First, the Court wishes to recall that all aspects of the obligation to repair are regulated by international law. 117 Also, the Court appreciates the State’s intention of implementing policies on reparation under domestic law through an integral program, enacted as a law. However, as it has previously, the Court notes that in this case there is no evidence or any probative element that Act No. 28,592 creating the Integral Reparation Program (PIR) has been applied in this case. Consequently, the Court will not examine this argument or analyze the scope of this law. 118 B(1) Pecuniary damage 166. The Court recalls that pecuniary damage supposes the loss of the income that the deceased victim would have perceived during his probable lifetime, the expenses incurred owing to the facts, and the consequences of a pecuniary nature that have a direct causal connection with the facts of the case. 119 167. Regarding the loss of income of Saúl Cantoral-Huamaní, in their brief with requests, arguments and evidence, the representatives provide a calculation, taking into account different elements such as his age, life expectancy in his specific case, his monthly remuneration as “a welder (level A) of Hierro Peru” and other monetary benefits, and the retirement age in the mining sector. In relation to the loss of income of Consuelo García- Santa Cruz, the representatives make a calculation based on similar criteria: age, life expectancy, remuneration and work benefits received as an employee of the “Filomena Tomaira Pacsi” Association. 168. The representatives alleged that, at the time of the facts, Saúl Cantoral was 42 years of age and that the life expectancy in Peru was 43.9 years. However, they consider that this statistical projection should not be applied because the victim could have outlived this projection by many years, taking into account the ages of his elder siblings, Juan and Ulises, who were 66 and 62 years old when the brief with requests, arguments and evidence was submitted. Based on this argument, the representatives made a calculation for the period from February 1989 to February 2006, arriving at a total of 73,781.98 new soles (US$22,563.30, twenty-two thousand five hundred and sixty-three United States dollars and thirty cents). They added 25% to the legal minimum income, corresponding to the minimum mining income (Supreme Decree No. 030-89-TR of August 2, 1989), to this calculation. The 117 Cf. Case of Velásquez-Rodríguez v. Honduras. Compensatory damages (Art. 63(1) American Convention on Human Rights), supra note 114, para. 30; and Case of Aloeboetoe et al. v. Suriname. Reparations (Art 63(1) American Convention on Human Rights). Judgment of September 10, 1993. Series C No. 15, para. 44. Cf. also C ase of the Rochela Massacre v. Colombia, supra note 8, para. 226; Case of La Cantuta v. Peru, supra note 8 , para. 200; and Case of the Miguel Castro-Castro Prison v. Peru, supra note 6, para. 415.
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  • Summer '17
  • allen dasu
  • The Court, Inter-American Commission on Human Rights, Inter-American Court of Human Rights

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