9
victims should be considered the beneficiary of the reparation for non pecuniary
damages”. The Judgment of the Court clearly establishes the criteria set up to
determine beneficiaries.
26.
Arguments of the Representatives
a)
“the Court must reject the request made by the State since it does not
fulfill the requirements for an interpretation”;
b)
from its first judgment, the Court established that victims, alive or dead,
are entitled to reparation in accordance with the provisions set forth in article
63(1) of the Convention. “This right is acknowledged when the Court concludes
that the State has incurred on International Responsibility […]. The ownership
of the right to be repaired starts with the determination of responsibility and
does not extinguish insofar as the State has not complied with its obligation to
repair”;
c)
the Court “recognized the years of suffering caused to Mrs. Cruz Franco
for the disappearance of her daughters and for the inability of the State to
locate them”. The reasoning of the Court regarding the determination of the
non pecuniary damages is dully grounded. The Court took into account the fact
that Mrs. Cruz Franco had died and established the manner in which the State
should pay the compensation amount. The determination of the Court to
compensate Mrs. Cruz Franco does not need further clarification, and neither
does the manner and terms of reparation payment”; and
d)
requested the Court to establish that the State should not invoke internal
law provisions to circumvent compliance with the terms of the Judgment.
Remarks of the Court
27.
The Court confirmed that the first aspect referred to by El Salvador in its
request for interpretation, which is “[its] concern on the scope of the decision of the []
Court relative to the compensation for non pecuniary damages awarded to María
Victoria Cruz Franco” (supra para. 24), does not seek that the Court interprets the
meaning or scope of the judgment, but rather, the State seeks that the Court
determines compensations based on the internal laws of El Salvador, for which it
quoted the provisions set forth in the Code of Private International Law and in the Civil
Code of El Salvador on the natural person. The State is using the request for
interpretation as a means to appeal the Judgment and attempts that the Court amend
its decision to award compensation to María Victoria Cruz Franco for the damages
suffered.
28.
The grounds on which the Court based the compensation established in the
Judgment on the merits, reparations and costs in favor of María Victoria Cruz Franco
for non pecuniary damages suffered up to her death as a consequence of the violation
to articles 8(1), 25 and 5 of the Convention, in relation to article 1(1) of the same
instrument, are clearly set forth in paragraphs 133 to 137, 142 to 146 and 156 to 160
of the instant decision, as well as the violations to the norms of the Convention to the