61
1.
Injured party
226. The Court will now determine which persons are to be regarded as “injured
parties” under the terms of Article 63(1) of the American Convention and, therefore,
beneficiaries of the reparations ordered by the Court.
227. The Court deems that Ana María Ruggeri Cova, Juan Carlos Apitz Barbera,
and Perkins Rocha Contreras are “injured parties” as victims of the violations
declared to have been committed to their detriment, and therefore shall be entitled
to the reparations ordered by the Court both for pecuniary and non-pecuniary
damages.
228. As for Jacqueline Ardizzone Montilla, Mr. Apitz’s wife, and María Costanza
Cipriani, Mr. Rocha’s wife, the Court notes that the Commission in its Report on the
merits has not declared them to be victims of any violation of the Convention (supra
para. 1); that in its application, the Commission identified Mr. Apitz, Mr. Rocha and
Ms. Ruggeri as the only beneficiaries of the reparations ordered and did not identify
their next of kin as victims; and that their representative did not allege any violation
to the detriment of their next of kin either, but in his brief containing pleadings and
motions he requested compensation for non-pecuniary damages on behalf of Mr.
Apitz and Mr. Rocha’s wives on the grounds that “moral damage is reflected on the
psychological consequences that the violation of human rights may have both for the
victim and his next of kin.”
229. In this regard, the Court reiterates that all those persons who have been
declared to be victims of violations of rights enshrined in the Convention are deemed
to be injured parties. According to the case law of the Court, the alleged victims
must be identified in the application and in the Commission’s report, under Article 50
of the Convention. Furthermore, under Article 33(1) of the Court’s Rules of
Procedure, it is the duty of the Commission and not of the Court, to accurately
identify the alleged victims at the appropriate procedural stage in a case submitted
before the Court.246
2.
Compensation
2.1
Pecuniary damages
230. In its case law, the Court has developed the theory of pecuniary damages and
the cases in which compensation must be set according thereto.247
231. The Commission requested “reparations for the victims for the back salaries
and economic benefits that the victims have not received since the time they were
removed from office until they are reinstated in their positions” and that “the amount
of compensation be set in equity.”
246
Cf. Case of the Ituango Massacres, supra note 231, para. 98, and Case of Goiburú et al. v.
Paraguay. Merits, Reparations and Costs. Judgment of September 22, 2006. Series C No. 153, para. 29.
247
The Court has established that pecuniary damages entail “the pecuniary damage, which implies
the loss of, or detriment to, the income of the victim, and the expenses incurred by the next of kin due to
the events in the instant case.” Cf. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs.
Judgment of November 22, 2005. Series C No. 136, para. 124; Case of García Asto and Ramírez Rojas v.
Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 25, 2005. Series C
No. 137, para. 259, and Case of Blanco Romero et al. v. Venezuela. Merits, Reparations and Costs.
Judgment of November 28, 2005. Series C No. 138, para. 78.
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