89
ensuring respect for the rights abridged, redress the consequences caused by the
infringements and order payment of compensation for the damage caused.211 The
obligation to provide reparations, which is regulated in all aspects (scope, nature,
modes, and establishment of the beneficiaries) by International Law, cannot be
modified by the State that is under this obligation, nor can it avoid complying with it,
by invoking domestic legal provisions.212
182. Reparations, as the term suggests, consist of measures that tend to make the
effects of the violations committed disappear. Their nature and their amount depend
on the damage caused, both at the pecuniary and the non-pecuniary levels.
Reparations should involve neither enrichment nor impoverishment of the victim or
his successors.213
183. In accordance with the evidence gathered during the proceeding and in light
of the criteria stated above, the Court will now analyze the claims submitted by the
Commission and by the representatives as well as the State’s considerations
regarding reparations, to establish, first of all, who are the beneficiaries of the
reparations, then to order measures of reparation for pecuniary and non-pecuniary
damages, and finally, the matter of costs and expenses.
A) BENEFICIARIES
184. The Court will now summarize the pleadings of the Inter-American
Commission, of the representatives and of the State regarding who should be
considered beneficiaries of the reparations ordered by the Court.
Pleadings of the Commission
185.
In this regard, the Commission alleged that:
a) both the Yakye Axa Community and all its members are entitled to
reparations in the instant case, since due to their own cultural identity they
must be considered from a collective and individual perspective, and
b) the members of the Yakye Axa Community are individually identified.
However, said individual listing could vary, given the time passed since the
processing of the instant case began.
Pleadings of the representatives
186.
The representatives, in turn, alleged that:
211
See Case of Caesar, supra note 2, para. 122; Case of Huilca Tecse, supra note 209, para. 88, and
Case of the Serrano Cruz Sisters, supra note 2, para. 135.
212
See Case of Caesar, supra note 2, para. 122; Case of Huilca Tecse, supra note 209, para. 88, and
Case of the Serrano Cruz Sisters, supra note 2, para. 135.
213
See Case of Caesar, supra note 2, para. 123; Case of Huilca Tecse, supra note 209, para. 89, and
Case of the Serrano Cruz Sisters, supra note 2, para. 136.
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