66
192. The Commission pointed out that, given the nature of the instant case, the
beneficiaries of the reparations to be ordered by the Court as a consequence of the
violations found are: Marcelina Paquiyauri Illanes de Gómez, mother of the victims;
Ricardo Samuel Gómez Quispe, father of the victims; Marcelina Haydeé, Ricardo
Emilio, Carlos Pedro, Lucy Rosa and Miguel Ángel, all of them Gómez Paquiyauri and
siblings of the victims.
Pleadings of the representative of the victims and their next of kin
193. In addition to the beneficiaries mentioned by the Commission, the
representative of the victims and their next of kin asked the Court to consider Nora
Emely Gómez Peralta, daughter of Rafael Samuel Gómez Paquiyauri, as a beneficiary
of the reparations that it orders.
Pleadings of the State
194. In its brief with the reply to the application, the State did not refer to the
issue of the beneficiaries of the reparations.
Considerations of the Court
195. The Court will now establish which person or personas are the “injured party”
in the instant case, under the terms of Article 63(1) of the American Convention.
196. First of all, the Court finds Rafael Samuel and Emilio Moisés Gómez Paquiyauri
to be “injured parties,” given that they were the direct victims of the violations of the
rights enshrined in Articles 4, 5, 7, 8, 19 and 25 of the American Convention, in
combination with Article 1(1) of that same treaty, as well as in Articles 1, 6, 8 and 9
of the Inter-American Convention against Torture, for which reason they will be
entitled to the reparations set by the Court, both for pecuniary and for non-pecuniary
damages.
197. On the other hand, the next of kin of the victims, Ricardo Samuel Gómez
Quispe, their father; Marcelina Paquiyauri Illanes de Gómez, their mother; Ricardo
Emilio Gómez Paquiyauri, Carlos Pedro Gómez Paquiyauri, Marcelina Haydeé Gómez
Paquiyauri, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri, their
siblings, will be entitled to the reparations ordered by the Court as direct victims of
the violations of the rights enshrined in Articles 5, 8, 11 and 25 of the Convention, in
combination with Article 1(1) of this same Convention. Jacinta Peralta Allccarima,
Rafael Samuel Gómez Paquiyauri’s girlfriend, in turn, will be entitled to the
reparations ordered by the Court as a direct victim of the violations of the rights
enshrined in Articles 5 and 11 of the Convention. Likewise, Nora Emely Gómez
Peralta will be entitled to the reparations ordered by the Court as a direct victim of
the violations of the rights enshrined in the aforementioned Article 11 of the
Convention. Said next of kin will also be entitled to the reparations set by the Court
as injured parties as a direct consequence of the death of Rafael Samuel and Emilio
Moisés Gómez Paquiyauri. In this regard, the Court assumes that the suffering and
the death of a person cause non-pecuniary damage to that person’s children,143
143
See Case of Maritza Urrutia, supra note 5, para. 169.a); Case of Myrna Mack Chang, supra note
5, para. 264.a); Case of the “Panel Blanca” (Paniagua Morales et al.). Reparations, supra note 116, paras.
108, 125, 143 and 174; and Case of Cesti Hurtado. Reparations, supra note 116, paras. 40 and 54.
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