23
attributed to a State, the international responsibility of the latter is immediately
engaged for the violation of an international law, with the resulting obligation to
make reparation and to ensure that the consequences of the violation cease.
63.
As the word indicates, reparations consists in the measures that are intended
to eliminate the effects of the violations that were committed. Their nature and
amount depend on the damage caused at both the pecuniary and the non-pecuniary
level. Reparations are not supposed to enrich or impoverish the victim or his heirs19.
64.
The reparations established in this judgment must be consistent with the
violations found in the judgment on merits delivered by the Court on November 19,
1999 (supra para. 3).
VI
BENEFICIARIES
65.
The Court now proceeds to determine the persons who should be considered
“injured party” in the words of Article 63(1) of the American Convention. Since the
violations of the Convention that the Court established in its judgment of November
19, 1999, were committed with regard to Anstraun Aman Villagrán Morales, Henry
Giovanni Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal
Sandoval and Jovito Josué Juárez Cifuentes, and also against Ana María Contreras,
Matilde Reyna Morales García, Rosa Carlota Sandoval, Margarita Urbina, Marta Isabel
Túnchez Palencia and Noemí Cifuentes, it should be considered that they are all
included in this category and are eligible for the reparations that the Court
establishes. In the case of the victims who died, it will also be necessary to
determine whether the reparations established in their favor may be transmitted by
succession to their next of kin, and which of the latter.
66.
No one disputes that Ana María Contreras, mother of Henry Giovanni
Contreras; Matilde Reyna Morales García, mother of Anstraun Aman Villagrán
Morales; Rosa Carlota Sandoval and Margarita Urbina, respectively mother and
grandmother of Julio Roberto Caal Sandoval; Marta Isabel Túnchez Palencia, mother
of Federico Clemente Figueroa Túnchez; and Noemí Cifuentes, mother of Jovito
Josué Juárez Cifuentes, are beneficiaries. The Court considers that granting them
this condition is in keeping with the Court’s jurisprudence, because, on the one hand,
they must be considered beneficiaries of reparations as the successors of their next
of kin who are dead and, on the other, as victims of the violation of Articles 5.2, 8(1)
and 25 of the Convention, as the judgment on merits found.
It should also be
recalled that the Court presumes that a person’s death causes non-pecuniary
damage to his parents.
67.
The Court has indicated, and once again repeats, that the right to
compensation for the damage that the victims suffered until the time of their death
is transmitted by succession to their heirs. As this Court has stated:
Injuries Suffered in the Service of the United Nations, Advisory Opinion, I.C.J. Reports 1949, p. 184;
Factory at Chorzów, Merits, Judgment No. 13, 1928, P.C.I.J., Series A, No. 17, p. 29; and Factory at
Chorzów, Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9, p. 21.
19
cf. Blake case. Reparations, supra note 13, para. 34; Castillo Páez case. Reparations, supra note
1, para. 53; and Garrido and Baigorria case. Reparations (Article 63(1) American Convention on Human
Rights). Judgment of August 27, 1998. Series C No. 39, para. 43.