128
The representatives’ arguments
351. The representatives indicated that all those affected by the violation of their
human rights and whose identity is established during the proceedings should be
considered beneficiaries (supra para. 18).
The State’s arguments
352. The State considered it inadmissible that many of those who had recourse to
the Court did not opt for claiming reparations under the domestic legal system, and
that some of them expect the international instance to grant them compensation for
damage they did not include in their claims before the domestic courts.
The Court’s findings
353. The Court will proceed to determine who should be considered an injured
party in the terms of Article 63(1) of the American Convention and, consequently,
merit the reparations established by the Court for both pecuniary and non-pecuniary
damage, when applicable.
354. It should be recalled that in a contentious case before the Court, the party
concerned must state who the beneficiaries are.261 However, when establishing
reparations, the Court observes that the grave facts of this case have had a series of
effects. Consequently, the Court reserves the right to determine, in the
corresponding section, other forms of reparation in favor of all the members of the
villages affected by the facts of the case. Furthermore, the Court clarifies that the
determination of reparations in this international instance does not obstruct or
preclude the possibility of other next of kin of victims who have not be individualized
or identified in these proceedings filing the pertinent claims before the national
authorities.
355. First, the Court considers that the persons whose rights the State has
acknowledged its international responsibility for violating are the injured party:
(a)
Alberto Correa, Arnulfo Sánchez Álvarez, Fabio Antonio Zuleta Zabala,
Guillermo Andrés Mendoza Posso, Héctor Hernán Correa García, Jairo de
Jesús Sepúlveda Arias, José Darío Martínez Pérez, Luis Modesto Múnera
Posada, Marco Aurelio Areiza Osorio, María Graciela Arboleda Rodríguez,
Nelson de Jesús Palacio Cárdenas, Olcris Fail Díaz Pérez, Omar de Jesús Ortiz
Carmona, Omar Iván Gutiérrez Nohavá, Otoniel de Jesús Tejada Jaramillo,
Elvia Rosa Areiza Barrera, Dora Luz Areiza Arroyave, William de Jesús Villa
García and Wilmar de Jesús Restrepo Torres, as victims of the violation of the
right to life enshrined in Article 4(1) (Right to Life) of the Convention, in
relation to Article 1(1) (Obligation to Respect Rights) thereof, and regarding
whom the Court also determined the violation of their right to humane
treatment established in Article 5(1) thereof, in relation to Article 1(1)
(Obligation to Respect Rights) thereof (supra para. 256);
261
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 252; Case of the Moiwana Community,
supra note 12, para. 177; and Case of the Plan de Sánchez Massacre, supra note 12, para. 62.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents