36
110.
Before analyzing the measures of reparations so required, the Court
notes that the State did not present specific arguments on the measures of
reparations requested by the Commission or the representative, but that it only
considered that such requests were “inadmissible and unfounded” and required
the Court to reject them. Nevertheless, it requested that, in the event the Court
declares the responsibility of State, “to determine what form compensation
should take with reference to Perú’s national jurisdiction”.
A) Injured Party
111.
The Commission and the representative agree on determining that the
“injured parties” are the “273 members of the Association”. In this regard, the
Commission further asserted that "[i]t should be borne in mind that many of the
victims in this case are deceased, so that the amount owed to them should be
paid to their heirs”.
112.
This Tribunal recalls that an injured party is considered to be the victim
of a violation of some of the rights enshrined in the Convention.95 Moreover, as
the Court has held in previous cases, the alleged victims must be mentioned in
the application and in the Commission's report according to Article 50 of the
Convention.96
113.
Therefore, this Tribunal considers as “injured party”, pursuant to
Article 63(1) of the American Convention, the 273 members of the Association,
mentioned in the application of the Commission, as well as in the following table,
who in their capacity as victims of the violations declared herein (supra paras. 79
to 91) shall be the beneficiaries of the reparations ordered by the Tribunal:
1.
Acevedo Buendía, Alejandro
138. López Solórzano, widower of Sunico, Rosa
Judith
2.
Acevedo Castro, Apolonio
139. López Rubiños, Jorge Percy
3.
Acevedo León de Dávila, Isabel Zoila
140. Lora Cortinez, Juan
4.
Acosta Arandia, Asunción Graciela
141. Lucero Álvarez, Manuel Gerónimo
5.
Acosta Trujillo, Marcial
142. Lucero Palomares, Abraham
6.
Agüero Ayala, Zósimo
143. Luna Heredia De Rodríguez, María Maruja Elvira
7.
Aguilar Arévalo, Augusto Marcos
144. Macchiavello
Yolanda
8.
Aguilar Serrano, Miguel Tulio
145. Manyari Palacios, Guido Alberto
9.
Aguirre Calderón, Emilio Fernando
146. Marin Gil, Juan
10.
Alarcón Coronado De Pérez, Nilda René
147. Martínez Marin, Alicia
León
Vda.
de
León,
95
Cf. Case of the "White Van" (Paniagua Morales et al.) V. Guatemala. Reparations and Costs.
Judgment of May 25, 2001. Series C No. 76, para. 82; Case of Kawas Fernández, supra note 13, para.
160; Case of Tristán Donoso V. Panamá. Preliminary Objection, Merits, Reparations and Costs.
Judgment of January 27, 2009. Series C No. 193, para. 180.
96
Cf. Case of the Ituango Massacres V. Colombia. Preliminary Objection, Merits, Reparations
and Costs. Judgment of July 1, 2006. Series C No. 148, para. 98; Case of Kawas Fernández, supra
note 13, para. 27; and Case of Perozo et al., supra note 13, para. 50.
Teresa