22
Arguments of the representatives of the victims
52.
With regard to the arguments of the State concerning reparations, the
representatives of the victims indicated that:
a)
As a result of the recent regulatory reforms, “procedural economy has
been privileged” in cases before the Court, since Article 36(6) of the
Rules of Procedure of the Court, which entered into force on June 1,
2001, authorizes the Court to decide on the preliminary objections and
the merits of the case in a single judgment, while Article 56(1) of the
Rules of Procedure establishes a separate procedure for deciding
reparations only “when no specific ruling on reparations has been
made in the judgment on the merits”;
b)
Although it is true that the Court had the practice of delivering three
judgments in each case (preliminary objections, merits and
reparations), as it did in the Velásquez Rodríguez case, “this practice
has changed owing to the new Rules of Procedure”;
c)
“The determination of compensation, and also its amount, is adapted
to the criteria established by the case law of the Court and the
principles of international law generally recognized in this matter”;
d)
Regarding “the violation of legal writings on succession,” according to
Article 27 of the 1969 Vienna Convention on the Law of Treaties, a
State may not invoke the provisions of internal law as justification for
its failure to perform a treaty;
e)
Likewise, Article 68(1) of the American Convention establishes that the
States undertake to comply with the judgment of the Court in any
case to which they are parties;
f)
“The State has made no distinction between the victim’s heirs and [...]
the next of kin who are directly affected by a violation that makes
them eligible for reparation, a situation that is determined clearly in
sections XIII to XV of the judgment”;
g)
The representatives had indicated clearly the family or affective
relationship that linked each person to the victim in its written and oral
arguments, “and they were not contested by the State,” so that the
State cannot request a review of this point once judgment has been
delivered;
h)
The determination of the beneficiaries and of the amount
corresponding to each of them for compensation established in the
judgment coincides with the elements established by the Court in its
case law. Specifically, the representatives considered that in the
judgment on reparations in the Villagrán Morales et al. case, the Court
had indicated “that the next of kin of a deceased person must be
considered beneficiaries of reparations as successors and, also, as
victims of a violation” and that the damage caused to other next of kin
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents