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order the State to pay the legal expenses and costs incurred by the next of kin of the
victims in processing the case at both the national level and at the level of the interAmerican system.
151. As a result of the State’s acknowledgement of international responsibility, the
representatives requested the Court to establish that the State had the obligation to make
integral and proportionate reparation for the damage caused to Saúl Cantoral-Huamaní and
Consuelo García-Santa Cruz and to their next of kin. They asked the Court to order the
adoption of two types of measures of reparation. First, they requested measures of
compensation in favor of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz, and in
favor of their next of kin. Regarding the former, the representatives stated that they should
be considered eligible for reparations for pecuniary and non pecuniary damage for the
violation of the rights embodied in Articles 7, 5(1), 4, 8(1), 25 and 16 of the American
Convention. Regarding pecuniary damage, the representatives requested reparations for
loss of earnings and indirect damage. Regarding the next of kin, the representatives
considered that they should be found eligible for reparations for pecuniary and non
pecuniary damage for the violation of the rights embodied in Articles 5(1), 8(1) and 25 of
the Convention. Regarding the measures of pecuniary compensation, the representatives
maintained that the State “has lost the right to establish unilaterally in its domestic sphere
the reparations in favor of the victims, owing to the international responsibility it has
incurred,” and rejected any restriction that the State might try to impose in the domestic
sphere since this would not respect the standards established by the Court. In particular,
they asked for the reimbursement of the “expenses related to the necessary measures for
carrying out the burialry rites” as well as expenses “arising from the long days spent visiting
State institutions in order to promote an effective investigation into the facts.” In addition,
they asked the Court to order the State to take measures to guarantee to the victims’ next
of kin “the necessary medical care so that, insofar as possible they can recover their health,
and to provide them with the medication that their treatment requires for as long as
necessary.” Finally, the representatives stated that the life project of the direct victims and
their next of kin had been damaged, and asked the Court to order the State to award
“grants for the education of Saúl Cantoral’s children, and for professional training for his
brother, Ulises Cantoral, and wife, Pelagia Mélida.”
152. Regarding the measures of satisfaction and of non-repetition, the representatives
asked that “a complete, impartial, effective and prompt investigation of the facts be
conducted in order to identify and punish the masterminds and perpetrators of the
kidnapping, torture and execution of the victims; of the persons involved in the improper
interventions of the different State organs in the investigations.” In addition, they requested
that the judgment of the Court be published in the official gazette and in a national
newspaper, and that the State apologize publicly to the next of kin of the victims in a
ceremony with the “participation of the most senior State authorities and the community of
mineworkers and women’s organizations of Peru” and with the most extensive
dissemination possible in the media. Lastly, the representatives requested payment of the
expenses and costs resulting from processing the case at the national level and within the
sphere of the inter-American system.
153. In their final arguments, the representatives indicated that “given the social
importance of the victims,” they considered it pertinent to request “measures with a
collective impact,” in particular, the creation of a State center for the training and protection
of women, in consultation with the victims’ next of kin.” Also, in their final arguments, the
representatives requested that the sum of US$7,500 (seven thousand five hundred United
States dollars) confiscated from the belongings of Saúl Cantoral-Huamaní be restored to the
Mining Federation of which he was the Secretary General.
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