51
b)
With regard to loss of earnings, at the time of the facts, Maritza Urrutia was a
primary school teacher and carried out some other productive work, such as giving
private classes, in addition to her political activities. When she was forced to leave
her country, she could not find work in Mexico as a teacher, so that she had to work
as a cleaner and then found employment as a receptionist in a engineering company.
The Commission requested the Court to calculate, in fairness, this element of the
compensation, without prejudice to the specific claims submitted by the
representatives of the victim.
Arguments of the representatives of the victim
153. The representatives of the victim endorsed the indications of the Commission
with regard to reparation for the harm suffered by Maritza Urrutia and her next of kin
and, with regard to pecuniary damage, stated that:
a)
The next of kin of Maritza Urrutia took various measures to ensure her
safety, while she was abducted and immediately after her release; this
precluded the members of her family from carrying out their normal activities,
which harmed their income. Therefore, they requested the Court to establish
the corresponding compensation, in accordance with the evidence submitted
at the appropriate procedural opportunity;
b)
While the alleged victim was in Mexico, her next of kin incurred
expenditure related to the telephone calls and travel of her parents and
siblings, which should be fairly compensated.
In the brief with final
arguments, they provided the details of the expenditure incurred by each
member of the family of the victim; this is itemized as follows: Maritza
Urrutia, US$2,950.00 (two thousand nine hundred and fifty United States
dollars) for plane tickets; Edmundo Urrutia Castellanos, US$698.00 (six
hundred and ninety-eight United States dollars) for plane tickets; María Pilar
García de Urrutia, US$13,178.00 (thirteen thousand one hundred and
seventy-eight United States dollars) for plane tickets, telephone calls and
medical treatment; Edmundo Urrutia García, US$8,600.00 (eight thousand six
hundred United States dollars) for plane tickets, losses resulting from the sale
of vehicles for less than their value, giving up his apartment and losing his
rental deposit; loss of furniture; and telephone calls, and plane tickets for his
daughter, Camila Urrutia Azurdia; and Carolina Urrutia García, US$16,676.00
(sixteen thousand six hundred and seventy-six United States dollars) for
plane tickets and expenses for psychological treatment for herself and her two
children, René Estuardo and María Gabriela, both Escobar Urrutia, and
financial support to Maritza Urrutia; and
c)
For “loss of earning”, they requested for the victim, who worked as the
assistant to a psychologist and received a monthly salary of US$500.00 (five
hundred United States dollars), the sum of US$36,000.00 (thirty-six thousand
United States dollars) for the time when she did not work. In their brief with
final arguments, the representatives also requested compensation for María
del Pilar Urrutia García and Edmundo Urrutia García, because the former had
to neglect her business in order to find her daughter and the latter lost his
employment as a political analyst when he also had to leave the country.
Arguments of the State
154.
The State did not refer to pecuniary damage.