90 a) the Yakye Axa Indigenous Community and its members, as victims in the instant case, must be considered beneficiaries of the reparations ordered by the Court; b) the Yakye Axa Community is an organized indigenous Community, settled in a specific geographical place, whose members can be identified individually, according to the last family census conducted in 2002. Likewise, it is necessary to bear in mind that during these three years the number of members of the Community has varied, for which reason identification of those who were not included in the 2002 census can be certified for the Court by the authorities of the Indigenous Community, and c) the sixteen persons who have died since the Community settled alongside the public road must, likewise, be considered beneficiaries of the reparations for violation of the right to life. When appropriate, the beneficiaries of the reparations ordered by the Court due to this abridgment will be the respective next of kin of the deceased. Pleadings of the State 187. The State made no specific pleadings with regard to the beneficiaries of the reparations. Considerations of the Court 188. In the instant case, the Court shares the view of the Commission and the representatives that the reparations take on a special collective significance. In this regard, the Court deemed in another case involving indigenous peoples that “individual reparation has as an important component the reparations that this Court will subsequently grant to the members of the communities as a whole.”214 189. Notwithstanding the above, the Court deems that the beneficiaries of the reparations ordered in the instant Judgment are the members of the Yakye Axa Indigenous Community, specified in the list included in annex A to this Judgment. B) PECUNIARY DAMAGES Pleadings of the Commission 190. With regard to reparations for pecuniary damages, the Commission pointed out that to fairly and equitably determine consequential damages and “lost earnings” in the instant case, the Court should take into account the worldview of the Yakye Axa Community and the effect on the Community itself and on its members of being denied possession of their traditional habitat or ancestral territory and not being allowed to conduct their traditional subsistence activities. In this regard, the Commission asked the Court to set compensation for these damages in fairness. Pleadings of the representatives 191. In this regard, the representatives pointed out that: 214 See Case of the Plan de Sánchez Massacre. Reparations, supra note 196, para. 86.

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