the representatives, as well as the arguments of the State, in light of the criteria established
in the Court’s jurisprudence regarding the nature and scope of the obligation to provide
reparation, 240 with a view to ordering measures aimed at repairing the damage caused to
the victims.
A.
Injured party
203. The Court reiterates that, under the terms of Article 63(1) of the American
Convention, injured parties are those who have been declared victims of the violation of a
right recognized therein. Therefore , this Court considers the following persons as “injured
party”: Alfonso Ernesto Albán Gómez, Jorge Aurelio Andrade Lara, José Santiago Andrade
Ubidia, José Julio Benítez Astudillo, Armando Bermeo Castillo, Eduardo Enrique Brito Mieles,
Nicolás Castro Patiño, Lucio Teodoro Coello Vázquez, Alfredo Roberto Contreras
Villavicencio, Arturo Javier Donoso Castellón, Galo Miguel Galarza Paz, Luis Alberto Heredia
Moreno, Estuardo Agustín Hurtado Larrea, Ángel Ignacio Lescano Fiallo, Teófilo Milton
Moreno Aguirre, Galo Alonso Pico Mantilla, Hernán Gonzalo Quevedo Terán, Hugo Eduardo
Quintana Coello, Jorge Enrique Ramírez Álvarez, Carlos Javier Riofrío Corral, Naum Clotary
Salinas Montaño, Armando José Ramón Serrano Puig, Ignacio José Vicente Troya Jaramillo,
Alberto Rodrigo Varea Avilés, Jaime Gonzalo Velasco Dávila, Miguel Elías Villacís Gómez and
Gonzalo Augusto Zambrano Palacios, who as such shall be considered beneficiaries of the
reparations ordered by this Court.
204. Furthermore, the Court notes that the representatives of the victims requested that,
given the deaths of two former judges at the time when the contentious case was brought
before the Court, their successors be considered as injured party. Specifically, they
mentioned the case of Milton Moreno Aguirre and requested that his wife, María Ruth Silva
Alava, and his daughters, María Ruth Moreno Silva and Ana Isabel Moreno Silva, be
considered as injured party. 241 In the case of Estuardo Agustín Hurtado Larrea, they
requested that his wife, Letty Mariana Vásquez Grijalva, and his daughters and son, Tulia
María Ximena Hurtado Vásquez, Letty Alexandra Hurtado Vásquez and Diego Estuardo
Hurtado Vásquez, also be included. 242 The Court recalls that only those persons who have
been declared victims can be considered as injured party, for which reason the Court must
deny the representatives’ request. Notwithstanding the foregoing, the reparations ordered
in this Judgment to the successors of Messrs. Moreno Aguirre and Hurtado Larrea shall be
made as specified in the chapter concerning the method of compliance (infra para. 277).
205. The Court shall also determine the measures designed to repair non-pecuniary
damages and shall order measures of public scope or repercussion. 243 In international
jurisprudence, and particularly in the Court’s case law, it has been repeatedly established
240
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, paras. 25 to 27, and Case of Suárez
Peralta v. Ecuador, para. 161.
241
Cf. “Special power of attorney granted by Mrs. María Ruth Silva Alava, widow of Moreno, and the engineers
Ana Isabel Moreno Silva and María Ruth Moreno Silva to Doctor Hugo Quintana Coello”, Twelfth Notary of the
Canton of Guayaquil issued on October 4, 2011 (File of attachments to the brief of pleadings and motions, volume
II, pages 3087 to 3090).
242
Cf. “Special power of attorney granted by Letty Mariana Vásquez Grijalva, Letty Alexandra Hurtado Vásquez,
Tulia María Ximena Hurtado Vásquez and Diego Estuardo Hurtado Vásquez”, Thirty-ninth Notary of the Canton of
Quito issued on October 5, 2011 (File of attachments to the brief of pleadings and motions, volume II, pages 2963
to 2967).
243
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84, and Case Artavia Murillo and other ("In Vitro Fertilization") v. Costa
Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 28, 2012. Series C No. 257,
para. 323.
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