39 nature and scope of the obligation to repair,115 the Court will proceed to determine who will be considered an injured party in this case and to examine the claims submitted by the parties, so as to order the pertinent measures of reparation. A) Injured parties 158. The Court will now proceed to determine who should be considered an “injured party” in the terms of Article 63(1) of the American Convention and who will be the beneficiaries of the reparations ordered in the terms indicated above. 159. First, the Court considers that Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz are “injured parties” as victims of the violation of Articles 4, 5, 7 and 16 of the American Convention, in relation to Article 1(1) thereof, as proved in the preceding paragraphs (supra paras. 106 and 149). 160. Second, the next of kin of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz, who were declared victims of the violation of the rights embodied in Articles 5(1), 8(1) and 25 of the American Convention, in relation to el Article 1(1) thereof (supra paras. 120 and 135), are “injured parties.” In the case of Saúl Cantoral-Huamaní, these next of kin are: Pelagia Mélida Contreras-Montoya de Cantoral (wife); Elisa Huamaní-Infazón and Patrocinio Cantoral-Contreras (parents, both deceased); Marco Antonio Cantoral-Lozano, Vanessa Cantoral-Contreras, Brenda Cantoral-Contreras and Rony Cantoral-Contreras (children); Juan Cantoral-Huamaní, Ulises Cantoral-Huamaní, Eloy Cantoral-Huamaní, Gertrudis Victoria Cantoral-Huamaní and Angélica Cantoral-Huamaní (siblings). In the case of Consuelo García-Santa Cruz, these next of kin are: Amelia Beatriz Santa Cruz-Portocarrero and Alfonso García-Rada (mother and father, the latter deceased); Rosa Amelia GarcíaSanta Cruz, Manuel Fernando García-Santa Cruz, María Elena García-Santa Cruz, Walter Ernesto García-Santa Cruz, Mercedes Grimaneza García-Santa Cruz and Jesús Enrique García-Santa Cruz (siblings). 161. Regarding the distribution of the corresponding compensation for pecuniary and non pecuniary damages among these next of kin of the deceased victims, the Court, in keeping with criteria used in various cases,116 determines that this will be made as follows: (a) Fifty per cent (50%) of the compensation shall be shared in equal parts among the son and daughters of the victims; (b) Fifty per cent (50%) of the compensation shall be awarded to the person who was the spouse or permanent companion of the victim at the time of the latter’s death; (c) If the victim has no children, spouse or permanent companion, fifty per cent (50%) of the compensation shall be awarded to the parents and shall be divided equally between them. If one parent is deceased, the part that corresponded to him/her will be added to the part of the surviving parent. The remaining fifty per cent (50%) shall be shared in equal parts between the victim’s siblings; and (d) If there are no next of kin in any of the categories defined in the preceding subparagraphs the amount that would have corresponded to the next of kin in that 115 Cf. Case of Bueno-Alves v. Argentina, supra note 8, para. 129; Case of the Rochela Massacre v. Colombia, supra note 8, para. 228; and Case of La Cantuta v. Peru, supra note 8, para. 203. 116 Cf. Case of the Rochela Massacre v. Colombia, supra note 8, para. 237; Case of the Miguel Castro-Castro Prison v. Peru, supra note 6, para. 421; and Case of Goiburu et al. v. Paraguay, supra note 72, para. 148.

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