43
jurisprudence in relation to the nature and scope of the obligation to repair,154 the Court
shall analyze both the claims made by the Commission and the representatives and the
arguments of the State about the matter, in order to set measures for reparation of the
damages caused to the victim.
205.
Before analyzing the reparations claimed, the Court observes that the State did not
submit any specific allegations about the measures for reparation requested by the
Commission or the representatives. However, it requested that, “each of the claims and
reparations requested be dismissed.”
A) Injured party
206.
The Commission and the representatives agreed that the “injured party” was Mr.
Usón Ramírez, his spouse, María Eugenia Borges de Usón, and his daughter, María José
Usón Borges.
207.
To that end, the Tribunal reiterates that an injured party is any person who has
been declared a victim of violations of any right under the Convention.155 The only person
who has been declared a victim in this judgment has been Mr. Usón Ramírez. Therefore, this
Tribunal considers that the only “injured party” is Mr. Francisco Usón Ramírez, as a victim of
the violations that were declared against him, so Mr. Usón Ramírez shall receive the
reparation measures ordered by the Tribunal
208.
On the other hand, although evidence was submitted in this case regarding the
alleged injuries suffered by Mrs. María Eugenia Borges de Usón as a consequence of the
declared violations,156 neither the Commission nor the representatives alleged that she or
her daughter were victims of any violation of the rights under the American Convention.
Due to the above, and taking into account the Tribunal’s jurisprudence,157 the Court does
not consider that Mrs. María Eugenia Borges de Usón and Mrs. María José Usón Borges are
“injured parties.”
B)
Measures of satisfaction and guarantees for non-repetition
209.
In this section, the Tribunal shall determine the measures of satisfaction sought to
repair the non-pecuniary damage whose nature is not pecuniary, and shall set measures of
scope or public repercussion.158
B.1)
Judgment as a form of reparation
154
Cf. Case of Velásquez Rodríguez, supra note 152, paras. 25 a 27; Case of DaCosta Cadogan, supra note 9,
para. 95, and Case of Garibaldi, supra note 11, para. 151.
155
Cf. Case of the “White Van” (Paniagua-Morales et al) v. Guatemala. Reparations, and Costs. Judgment
May 25, 2001. Series C No. 76, para. 82; Case of DaCosta Cadogan, supra note 9, para. 97, and Case of Garibaldi,
supra note 11, para. 152.
156
Medical Report of Dr. Jairo Fernández dated October 20, 2008 (case file of attachments al written brief
containing pleadings, motions, and evidence, attachment 10, fs. 4932 to 4934).
157
Cf. Case of the “White Van” (Paniagua-Morales et al), supra note 155, para. 82; Case of DaCosta
Cadogan, supra note 9, para. 97, and Case of Garibaldi, supra note 11, para. 152.
158
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84; Case of DaCosta Cadogan, supra note 9, para. 99, and Case of
Garibaldi, supra note 11, para. 153.
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