60
the measures of reparation to repair pecuniary and non-pecuniary damage, and also
costs and expenses.
A) BENEFICIARIES
56.
The Court now summarizes the arguments of the Inter-American Commission,
the representatives, and the State regarding those who should be considered
beneficiaries of the reparations ordered by the Court.
Arguments of the Commission
57.
The Commission stated that the victims of this case, holders of the right to
reparation in the terms of Article 63(1) of the Convention, are the survivors of the
Plan de Sánchez Massacre and the next of kin of those extrajudicially executed in the
massacre, identified in the application brief presented on July 31, 2002, and in its
attachment. In this regard, the Commission indicated that, owing to the passage of
time, the way in which the people were executed, and the dimensions of the
massacre, it has been difficult to individualize the victims and their next of kin.
Consequently, it is essential that, as part of the reparations, the State should set up
a committee to identify the victims.
Arguments of the representatives
58.
The victims’ representatives stated that the beneficiaries of the reparations
should be the survivors of the massacre and the next of kin of those executed in the
massacre, according to the list submitted during the processing of this case.
However, they indicated that, owing to the magnitude of the massacre, and despite
the efforts made, it has not been possible to identify all the survivors of the Plan de
Sánchez massacre of July 18, 1982, who have a right to reparation; they therefore
requested the Court to order the State to set up a committee to identify them.
Arguments of the State
59.
The State indicated that, to be able to make pecuniary reparation to the
survivors and the next of kin of the victims of the Plan de Sánchez massacre,
pursuant to the norms of the domestic law of the State, the beneficiaries must be
identified and the lists forwarded by the Commission and the representatives
verified.
Considerations of the Court
60.
The Court will proceed to determine those who should be considered an
“injured party” in the terms of Article 63(1) of the American Convention and,
consequently, a beneficiary of the reparations established by the Court, with regard
to both pecuniary and non-pecuniary damage, when applicable.
61.
On this occasion, the Court considers that the surviving victims of the
massacre who are individualized on the list of victims contained in paragraph 49(10)
of this judgment are the “injured party.” They shall all be beneficiaries of the
reparations established by the Court.
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