53 International Court shall determine the measures to be ordered to protect the rights that were affected, as well as to make reparations for the consequences of the infringements and shall determine a compensation for the damage caused.100 It is necessary to add the positive measures that the State must adopt to prevent repetition of the harmful events such as those that occurred in the instant case.101 177. Reparations are measures tending to eliminate the effects of the violations committed. Their nature and amount depend on the characteristics of the violation and, at the same time, on the pecuniary and non pecuniary damage caused. Such reparations shall not lead victims or their heirs to become richer or poorer and they must be consistent with the violations declared in the Judgment of the Court.102 178. In view of the above criteria and the circumstances of the instant case, the Court will analyze the claims submitted by the Commission and the representatives regarding reparations in order to adopt the necessary measures to redress the damage sustained in the instant case. A) BENEFICIARIES 179. The Court shall now proceed to establish the persons who should be considered “injured parties” pursuant to the provisions of Article 63(1) of the American Convention, who are consequently entitled to the reparations to be defined by the Tribunal. Firstly, the Court considers that Mr. Bernabé Baldeón-García is the “injured party” in the instant case, as victim of the violations of the human rights embodied in Articles 4 (Right to Life), 5 (Right to Personal Integrity) and 7 (Right to Personal Liberty) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of that treaty (supra paras. 46, 105, 126 and 173); therefore, he shall be entitled to the compensation for pecuniary damage and non pecuniary damage established by the Court. 180. Furthermore, this Court considers the next of kin of Mr. Bernabé BaldeónGarcía, namely Guadalupe Yllaconza-Ramírez de Baldeón, wife of Mr. BaldeónGarcía, and Crispín, Roberto, Segundina, Miguelita, Perseveranda, Vicente, Sabina and Fidela, children of Baldeón-García, are “injured parties” in their capacity as victims of the violation of the rights embodied in Articles 5(1) (Right to Personal Integrity), 8(1) (Right to Fair Trial) and 25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of that treaty (supra paras. 47, 130, 169 and 173). 181. The next of kin of the victims will be determined by the Court for pecuniary and/or capacity as victims per se of the violations of the the reparation established by the Court in their Baldeón-García. beneficiaries of the reparations non pecuniary damage in their Convention explained herein, and capacity as heirs of Mr. Bernabé 100 Cf. Case of Acevedo-Jaramillo et al., supra note 6, para. 296; Case of López-Álvarez, supra note 6, para. 182; Case of the Pueblo Bello Massacre, supra note 6, para. 228. 101 Cf. Case of López-Álvarez, supra note 6, para. 182; Case of Blanco-Romero et al., supra note 7, para. 69; and Case of García-Asto and Ramíre- Rojas, supra note 10, para. 248. Cf. Case of Acevedo-Jaramillo et al., supra note 6, para. 297; Case of López-Álvarez, supra note 6, para. 181; Case of the Pueblo Bello Massacre, supra note 6, para. 229. 102

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