-127232. Arguments of the State (a) The State does not accept any responsibility for the facts on which this case is based and, therefore, does not recognize any procedural obligation to provide reparation; (b) The State abides by the evidence provided to the Court regarding the identification of the beneficiaries, and (c) The representatives have presented as possible beneficiaries persons who are not included in the Court’s case law, based on the presumption of suffering. Therefore, since no specific evidence has been presented that proves the genuine suffering they underwent for the death or disappearance of the 43 inhabitants of Pueblo Bello, they should be excluded from any pecuniary compensation. In this regard, the State called for the compensation requested for distant relatives to be rejected, because no hard evidence had been offered proving damage caused based on a close family relationship. Findings of the Court 233. The Court will proceed to determine who should be considered an “injured party” in the terms of Article 63(1) of the American Convention and, consequently, merit the reparations established by the Court for both pecuniary and non-pecuniary damage, when applicable. 234. First, the Court considers that the 37 persons disappeared and the six persons deprived of life are the “injured party” as victims of the violations indicated above (supra para. 95(35) and 153)). 235. Furthermore, the Court considers that the immediate family of the 43 victims are the “injured party” in their own capacity as victims of the violation of the rights embodied in Articles 5(1), 8 and 25 of the American Convention, in relation to Article 1(1) thereof (supra paras. 154 to 162 and 212). Pursuant to its case law,252 the Court considers that the adequately identified immediate family of the persons disappeared and deprived of life includes their mothers, fathers, sisters, brothers, wives, companions and children, whose names appear in a document issued by a competent authority proving their relationship, such as a birth certificate or a baptismal certificate, submitted to the Court. 236. The next of kin of the victims are beneficiaries of the reparations established by the Court for non-pecuniary and/or pecuniary damage as victims of the violations of the Convention that have been declared, and also of the reparations established by the Court as successors of the 37 victims disappeared and the six deprived of life. 237. With regard to the immediate next of kin, concerning whom no official documentation has been submitted or the documentation submitted does not confirm the relationship, the Court establishes that the compensation that corresponds to them for the non-pecuniary damage suffered will conform to the parameters established for the next of kin of the victims who have been duly identified (supra 252 Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 257; Case of the Moiwana Community, supra note 7, para. 178, and Case of the Plan de Sánchez Massacre, supra note 246, para. 63.

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