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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