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271. The Court will now proceed to determine which persons are to be regarded as
an “injured party,” in the terms of Article 63(1) of the American Convention and who
shall be entitled to the reparations that the Court orders, both for pecuniary and,
where appropriate, non-pecuniary damages.
272. To begin with, the injured parties are the deceased inmates, as victims of the
violation of the right recognized in Article 4(1) of the American Convention, in
relation to Article 1(1) thereof, and also in relation to Article 19 when the victims are
children; all those inmates at the Center between August 14, 1996 and July 25,
2001, as victims of the violation of the rights protected in Articles 4(1), 5(1), 5(2)
and 5(6) of the American Convention, in relation to Article 1(1) thereof, and also in
relation to Article 19 of the Convention, when the victims in question are children;
the children injured in the fires, as victims of the violation of the rights upheld in
Articles 5(1) and 5(2) of the American Convention, in relation to Articles 1(1) and 19
thereof; the identified next of kin of the deceased and injured inmates, as victims of
violation of the right protected in Article 5(1) of the American Convention, in relation
to Article 1(1) thereof; all the children interned at the Center between August 14,
1996 and July 25, 2001, as victims of the violation of the rights recognized in Articles
2 and 8(1) of the American Convention, in relation to Articles 1(1) and 19 thereof;
and the 239 inmates named in the writ of generic habeas corpus, as victims of the
violation of the right recognized in Article 25 of the American Convention, in relation
to Article 1(1) thereof. All these persons shall be entitled to the reparations set by
the Court for pecuniary and non-pecuniary damages.
273. This Court observes that when a contentious case is being litigated before the
Court, the interested party must decide who the beneficiary or beneficiaries will be.
Therefore, the Court is not prepared to order compensation for any potential next of
kin of the inmates who were victims of human rights violations but were not
identified.
274. One hundred percent (100%) of the reparations for lucrum cessans and nonpecuniary damages for the deceased inmates will go to the next of kin identified by
the representatives, all of whom are parents of deceased inmates. The amount will
be divided equally between father and mother if both parents are identified; if only
one is named, he or she will receive the full amount of the compensation. If one of
the parents has died, his or her share will go to the surviving parent.
275. If both parents have been identified but are deceased, the amount that would
have gone to them as the deceased inmate’s heirs will be distributed according to
the domestic inheritance laws.
276. If the identity of the parents is unknown, the compensation owed to the
deceased will also be distributed according to the domestic inheritance laws.
277. The compensation that rightfully belongs to the identified next of kin of the
deceased former inmates shall be paid to each one in his or her capacity as victim.
If one of the identified parents has died, the part that would have gone to that
deceased parent will go the surviving parent. In the event that both parental victims
are deceased, the amount that would have gone to them will be distributed
according to domestic inheritance laws.
278. The names of the identified next of kin of the deceased inmates whom the
Court will regard as victims are as follows:
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