67
modalities, and designation of beneficiaries) by international law, cannot be altered
or eluded by the State’s invocation of provisions of its domestic law.97
171. Reparations, consist in those measures necessary to make the effects of the
committed violations disappear. The nature and amount of the reparations depend
on the harm caused at both the material and moral levels. Reparations cannot, in
any case, entail either the enrichment or the impoverishment of the victim or his or
her family.98
172. In light of the abovementioned criteria, the Court will proceed to analyze the
submissions of the Commission and the representatives regarding reparations, in
order to determine the pertinent remedial measures to be adopted in the instant
case.
A)
BENEFICIARIES
Arguments of the Commission
173. The Commission considers that the beneficiaries of reparations in this case
should be the Moiwana residents who survived the attack and the family members of
those who were killed.
Arguments of the representatives
174. The representatives similarly argued that the beneficiaries of reparations
should be the survivors of the massacre and the next of kin of those killed.
Arguments of the State
175. The State requested that the Commission’s claim for reparations be denied
based on the fact that “the method applied by the Commission to determine the
individuals who would be entitled to reparations, as well as the level of the
reparations, is not justified by law.”
The Court’s Assessment
176. To begin, the Court considers that the “injured parties” in the terms of Article
63(1) of the American Convention, are those persons defined in paragraph 71 as the
“Moiwana community members” (supra paragraphs 71 and 86(17) for the complete
list). In consequence, said individuals shall be the beneficiaries of the reparations
the Tribunal deems suitable to order.
177. It is necessary to recall that within the context of the contentious process, the
identities of the beneficiaries must be properly communicated to the Court.99 Thus,
this Tribunal cannot grant the request that additional victims, which to date have not
97
Cf. Case of the Serrano-Cruz Sisters, supra note 9, para. 135; Case of Lori Berenson-Mejía, supra
note 10, para. 231; and Case of Carpio-Nicolle et al., supra note 82, para. 87.
98
Cf. Case of the Serrano-Cruz Sisters, supra note 9, para. 136; Case of Carpio-Nicolle et al., supra
note 82, para. 89; and Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 225.
99
Cf. Case of Plan de Sánchez Massacre. Reparations, supra note 82, para. 62; and Case of the
“Juvenile Reeducation Institute,” supra note 59, para. 273.