34
caused.46 In addition, the State is also required to take affirmative steps to prevent
the recurrence of harmful events such as the ones complained of in the instant
case.47 It is a principle of general International Law that the State is not allowed to
modify or disregard its duty to make reparations in reliance upon its domestic law, a
principle that has been consistently enforced in the Court’s case-law.
70.
Reparations are measures aimed at removing the effects of the violations.
Their nature and amount are dependent upon the characteristics of the violation as
well as the pecuniary and non pecuniary damage caused. Reparations may not cause
the enrichment or impoverishment of the victims or their successors, and should be
commensurate to the violations declared to be such in Court’s Judgment.48
*
A)
*
*
BENEFICIARIES
71.
The Court will now determine who are to be considered “injured parties” for
the purposes of Article 63(1) of the American Convention. First, the Court considers
as “injured parties,” in their capacity as victims of the aforementioned violations
(supra para. 66), Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz
and José Francisco Rivas-Fernández, as well as their next of kin: Alejandra Josefina
Iriarte de Blanco, Gisela Romero, Aleoscar Russeth Blanco-Iriarte, Oscar Alejandro
José Blanco-Iriarte, Orailis del Valle Blanco, Edwar José Blanco, Teodora Paz de
Hernández, Roberto Aniceto Hern��ndez, Nélida Marina Hernández-Paz, Aida Benirgia
Hernández-Paz, Mirna Esperanza Hernández-Paz, Aleidy Maritza Hernández-Paz,
Brizania Hernández-Paz, Reina Alejandra Antune-Paz, Ramón Alberto Paz, Carlos
Paz, Nélida Josefina Fernández-Pelicie, Francisco Jeremías Rivas, Eneida Josefina
Rivas-Fernández, Yelitza Isabel Rivas-Fernández, Luis Ernesto Rivas-Fernández,
Rubén Alexis Rivas-Fernández, Miguel Enrique Galindo-Fernández, and José Daniel
Rivas-Martínez. Further to the State’s acknowledgement of responsibility (supra
paras. 27, 30 and 31) and considering that such persons were named in the
Commission’s application (supra para. 18) and by the representatives in their brief
containing pleadings and motions (supra para. 22), they are all to be considered
included in the injured-party category and beneficiaries of such reparations as the
Court may determine, in connection with both pecuniary and non pecuniary damage,
as the case may be.
72.
The allocation of compensation among the next of kin of the disappeared
victims, for the pecuniary and non pecuniary damage sustained by the latter, will be
as follows:49
46
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 244; Case of Raxcacó-Reyes, supra
note 1, para. 115, and Case of Gutiérrez-Soler, supra note 1, para. 63.
47
Cf. Case of Raxcacó-Reyes, supra note 1, para. 115; Case of Gutiérrez-Soler, supra note 1, para.
63; and Case of Acosta-Calderón, supra note 44, para. 147.
48
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 245; Case of Raxcacó-Reyes, supra
note 1, para. 116, and Case of Gutiérrez-Soler, supra note 1, para. 64.
49
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 259; and Case of 19 Tradesmen, supra
note 42, para. 230; and Case of the Caracazo. Judgment of November 11, 1999. Series C No. 58, para.
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