35
Arguments of the State
77.
The State pointed out that while the Court has adopted criteria to establish
the beneficiaries of the reparations, the State can contribute some provisions of its
Civil Code and of domestic family law, which it believes should be taken into account
to identify them. It also stated that to establish the beneficiaries of the reparations it
would be necessary to take into account the closeness of family ties, the specific
circumstances of relations with the victim, the conditions of the next of kin as
witness to the facts, the way he or she became involved in attempts to obtain
information, and the reply given by the State to the steps taken.
Considerations of the Court
78.
The Court will now establish the person or persons who are the “injured
party,” in the instant case, under the terms of Article 63(1) of the American
Convention. The criterion followed by this Court was that of presuming that death of
a person causes non-pecuniary damage to the closest members of his or her family,
especially those who were in close emotional contact with the victim.52 In this
regard, it is appropriate to note that Article 2(15) of the Rules of Procedure53 states
that the term “next of kin of the victim” must be understood as a broad concept that
includes all persons linked through close kinship, including the parents, siblings and
grandparents, who might have a right to compensation, insofar as they meet the
requirements set forth in the case law of this Court.54
79.
In light of the agreement for a friendly settlement, in which the State
acknowledged its international responsibility, the Court notes that there is no
controversy between the parties regarding who are the victims, beneficiaries, and
next of kin in the instant case.55 It is the understanding of this Court that the
violations of the American Convention were committed against Walter David Bulacio,
Víctor David Bulacio (the father), Graciela Rosa Scavone (the mother), Lorena
Beatriz Bulacio (his sister) and María Ramona Armas de Bulacio (the grandmother on
his father’s side). All of them should be considered encompassed under the category
of victims and entitled to reparations set by the Court, regarding both pecuniary
damage, when appropriate, and non-pecuniary damage. As regards Walter David
Bulacio and Víctor David Bulacio, their right to reparation will pass on to their heirs
through inheritance, in the manner stated above (infra 85, 86, 103 and 104).
52
Cf., Juan Humberto Sánchez Case, supra note 4, para. 156; Las Palmeras Case, Reparations,
supra note 5, paras. 54-55; and Trujillo Oroza Case, Reparations, supra note 30, para. 57.
53
Pursuant to Article 2 of the Rules of Procedure, the term “next of kin” means “the immediate
family, that is, the direct ascendants and descendants, siblings, spouses or permanent companions, or
those determined by the Court, if applicable.��
54
Cf., Juan Humberto Sánchez Case, supra note 4, para. 156; Las Palmeras Case, Reparations,
supra note 5, paras. 54 and 55; and Trujillo Oroza Case, Reparations, supra note 30, para. 57.
55
Cf., Durand and Ugarte Case. Reparations (Art. 63(1) American Convention on Human Rights).
December 3, 2001 Judgment. Series C No. 89, para. 27.
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