34 and establishment of beneficiaries) by international law, cannot be modified by the State nor can it avoid complying with it by invoking provisions of its domestic law.50 73. With respect to the violation of the right to life and certain other rights (liberty and humane treatment, fair trial and judicial protection), since restitutio in integrum is not possible and bearing in mind the nature of the juridical right impaired, reparation is made, inter alia, according to international case law, by means of just indemnification or pecuniary compensation. It is necessary to add positive measures that the State must adopt to ensure non-recidivism of injurious acts such as those of the instant case.51 X BENEFICIARIES OF THE REPARATIONS 74. The Court will now summarize the arguments of the representatives of the next of kin of the victim and of the Inter-American Commission regarding the persons who should be considered beneficiaries of the reparations ordered by the Court. Arguments of the representatives of the next of kin of the victim 75. The representatives stated that Walter David Bulacio deserves reparation in his own right, which under the circumstances of the instant case, would be inherited by his mother, Graciela Rosa Scavone, and his father, Víctor David Bulacio. Given the demise of the latter, Lorena Beatriz, Tamara Florencia and Matías Emanuel Bulacio, children of the deceased parent, also have rights through inheritance. It can be assumed that violation of the right to life causes direct pecuniary and non-pecuniary damage to the heirs of the deceased. The burden of proof that such damage did not occur lies, in this case, in the hands of the State. In this sense, Graciela Rosa Scavone (his mother); Víctor David Bulacio (his father); Lorena Beatriz Bulacio (his sister); and María Ramona Armas de Bulacio (his grandmother), all next of kin of Walter David Bulacio, are entitled to reparation in their own right, as a consequence of the violation of rights set forth in Articles 8 and 25 of the Convention. Arguments of the Commission 76. Regarding the beneficiaries of reparations, the Commission stated that those who are entitled to them are: Walter David Bulacio, the victim, whose rights pass on to his heirs Graciela Rosa Scavone and Víctor David Bulacio, his parents, Lorena Beatriz Bulacio, his sister, and María Ramona Armas de Bulacio, his grandmother on his father’s side, who should receive compensation in their double role as heirs of the victim and as persons directly affected. In the case of Víctor David Bulacio, his rights pass on to his heirs Lorena Beatriz, Matías Emanuel and Tamara Florencia Bulacio, his children. 50 Cf., Juan Humberto Sánchez Case, supra note 4, para. 149; Cantos Case, supra note 6, para. 68; and Las Palmeras Case, Reparations, supra note 5, para. 38. 51 Cf., Juan Humberto Sánchez Case, supra note 4, para. 150; Trujillo Oroza Case, Reparations, supra note 30, para. 62; and Bámaca Velásquez Case, Reparations, supra note 30, para. 40.

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