of children, spouse, permanent companion, parents or siblings has not been established (supra
para. 35).
51.
Taking into account the provisions of paragraph 26, 48, 49 and 50 supra, and pursuant to
Article 76 of the Court’s Rules of Procedure, the Court finds it pertinent to rectify the material
error in paragraph 375 of the Judgment, as indicated in this Judgment, in order to provide
greater clarity regarding its provisions and ensure that confusion does not arise in future
following the publication and dissemination of the Judgment at the domestic level or during the
stage of monitoring compliance with it.
B.2) Beneficiaries of or heirs to the compensation established in the Judgment
52.
Now that the meaning and scope of paragraphs 364, 375 and 385 of the Judgment have
been determined, the Court will proceed to rule on the questions posed by the representatives
concerning the beneficiaries of or heirs to the compensation. Specifically, the representatives
asked the Court whether, for the purposes of the distribution of the compensation, in keeping
with paragraphs 364, 375 and 385 of the Judgment, only the victims’ next of kin who were
identified and individualized in the proceedings should be considered, or whether, to the
contrary, the victims’ next of kin who were not identified during the litigation of the case before
the inter-American human rights system should be taken into account.
B.2.a) Distribution of the compensation of the “next of kin who are victims”
53.
First, this Court reiterates that the compensation established in the Judgment was
ordered in favor of those persons declared victims in this ruling. As mentioned previously, the
victims include some family members of the victims recorded in the Diario Militar who, in turn,
were declared victims in their own right (supra para. 38). Thus, the compensation established for
the “next of kin who are victims” corresponds to them directly; in other words, they are the ones
entitled to this compensation. According to paragraphs 384 and 385 of the Judgment, this
compensation must be paid directly to those entitled to it, unless they are deceased, in which
case the corresponding payment must be made directly to their heirs, in accordance with the
applicable domestic law (supra paras. 38, 39, 48 and 49).
54.
However, the Court recalls that the Judgment does not identify those persons who, as
heirs, should receive the compensation established in the Judgment in favor of the “next of kin
who are victims” who are deceased (supra para. 48). Therefore, the Court notes that, indeed,
the compensation established in favor of the “next of kin who are victims” who are deceased or
who die must be delivered to their heirs under domestic law, regardless of whether or not the
latter are victims in this case.
B.2.b) Distribution of the compensation of the victims recorded in the Diario Militar to
their next of kin
55.
Furthermore, regarding the victims recorded in the Diario Militar, the Court recalls that
the criteria established in paragraph 364 of the Judgment must be applied when delivering the
compensation to their next of kin (supra paras. 48, 49 and 50). The Court clarifies that the next
of kin of the victims recorded in the Diario Militar who are victims in their own right of the facts of
this case were duly identified during the proceedings before the inter-American human rights
system, specifically before the Court. Furthermore, the human rights violations committed
against them were duly established and proved during the proceedings on the merits of this
case. As previously mentioned, when the Court establishes criteria for the distribution of
compensation established in favor of disappeared or deceased persons, it seeks to facilitate the
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