22
chapter, as well as in the light of the criteria determined in the Court’s jurisprudence
with regard to the nature and scope of the obligation to repair,73 the Court will
proceed to analyze the claims presented by the Commission and the representatives
and the State’s position, with the purpose of ordering the measures tending to repair
the damages caused to the victims.
A)
Injured Party
57.
The Court will now proceed to decide who should be considered an “injured
party” in the terms of Article 63(1) of the American Convention and, consequently,
entitled for the reparations established by the Tribunal.
58.
In this regard, the Tribunal reiterates that they will consider as injured party
those people that have been declared victims of violations of any right enshrined in
the Convention. The jurisprudence of this Court has indicated that the alleged victims
must be listed in the application and in the Commission’s report pursuant with Article
50 of the Convention. Additionally, pursuant with Article 33(1) of the Rules of
Procedure of the Court, it corresponds to the Commission and not this Tribunal, to
identify with precision and on the due procedural opportunity the alleged victims in a
case before this Tribunal.74
59.
The Court considers that María Tiu Tojín and Josefa Tiu Tojín are “injured
parties” in their nature of victims of the violations that were declared in their
detriment, and therefore they will be entitled to the reparations set by the Tribunal in
their case. Likewise, Victoriana Tiu Tojín (sister), Josefa Tiu Tojín (mother), Rosa Tiu
Tojín (sister), Pedro Tiu Tojín (brother), Manuel Tiu Tojín (brother), and Juana Tiu
Tojín (sister) in their quality of next of kin will be considered beneficiaries of the
reparations ordered, in their case, in relation to the violations that were declared in
their detriment (supra para. 54).
60.
In their brief of pleadings and motions, the representatives stated that “[they
had] received information during the last few weeks of the possible existence of the
[c]ompanion of María, [f]ather of Josefa, who should be considered a beneficiary
within the process.”
61.
The Court observes that the victims of the present case and, therefore,
beneficiaries of the reparations, were individualized upon allocating the
compensations in the Agreement on the specific compliance of recommendations75
73
Cfr. Case of Velásquez Rodríguez v. Honduras, supra note 71 paras. 25 through 27; Case of Yvon
Neptuno v. Haiti. Fond, Réparations et Frais. Arret du 6 Mai 2008. Series C No. 180, para. 153; and Case
of Heliodoro Portugal v. Panama, supra note 17, para. 99.
74
Cfr. Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations, and
Costs. Judgment of July 1, 2006. Series C No. 148, para. 98; Case of Kimel v. Argentina, supra note 12,
para. 102; and Case of Bayarri v. Argentina, supra note 17, para. 229.
75
Cfr. “Counterproposal of economic compensation” signed by the representatives of the victims
and the State on August 8, 2005 within the framework of the agreement of specific compliance of