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

Seleccionar párrafo de destino3