40
possible, as it happens in most cases, the international court should determine the
measures aimed at guaranteeing the rights that were affected, and making
reparations for the consequences of the infringements and shall determine a
compensation for the damage caused,69 and prevent repetition of harmful events,
such as those occurred in the instant case.70 International Law governs all aspects
(scope, nature, methods and determination of beneficiaries) of the duty to make
reparations, which cannot be modified or unfulfilled by the State by relying on its
domestic laws.71
142. Reparations consist in measures aimed at eliminating, moderating or
compensating the effects of the violations committed. Their nature and amount
depend on the characteristics of the violation and, at the same time, on the
pecuniary and non-pecuniary damage caused. Such reparations shall not lead victims
or their heirs to become richer or poorer and they must be consistent with the
violations declared in the Judgment of the Court.72
143. Pursuant to the foregoing criteria and in view of the circumstances of the
instant case, the Court will analyze the allegations of the parties, identify the
beneficiaries and adopt the necessary measures to redress the damage sustained.
A)
BENEFICIARIES
144. Pursuant to Article 63(1) of the American Convention, the Court finds that the
“injured parties” and, consequently, those entitled to the reparations, are the
relatives of the minor Gerardo Vargas-Areco, namely: Pedro Vargas (his father), De
Belén Areco (his mother), and Juan, María Elisa, Patricio, Daniel, Doralicia, Mario,
María Magdalena, Sebastián and Jorge Ramón, all of them members of the VargasAreco family (siblings of Gerardo), in their capacity as victims of the violation of the
rights embodied in Articles 4 and 5(1) of the Convention, in relation to Article 1(1) of
said treaty, and Articles 6 and 8 of the Convention against Torture; the rights set
forth in Articles 8(1) (Right to Fair Trial) and 25 (Right to Judicial Protection) of the
Convention, in relation to Article 1(1) (Obligation to Respect Rights) of said treaty,
and the violation of the right set forth in Article 5(1) (Right to Personal Integrity) of
said instrument, in relation to Article 1(1) (Obligation to Respect Rights) thereof; all
of it after March 26, 1993 (supra para. 94, 97 and 110).
145. Should any of the beneficiaries die before receiving the related compensation,
the corresponding amount will be distributed in accordance with applicable domestic
legislation. 73
69
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 117; Case
of Ximenes-Lopes, supra note 3, para. 209; and Case of the Ituango Massacres, supra note 3, para. 347.
70
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 117; Case
of Baldeón-García, supra note 3, para. 176; Case of López-Álvarez, supra note 34, para. 182.
71
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 117; Case
of Ximenes-Lopes, supra note 3, para. 209; and Case of the Ituango Massacres, supra note 3, para. 347.
72
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 118; Case
of Ximenes-Lopes, supra note 3, para. 210; and Case of the Ituango Massacres, supra note 3, para. 348.
73
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 124; Case
of Ximenes-Lopes, supra note 3, para. 219; and Case of the Ituango Massacres, supra note 3, para. 363.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents