90
a) the Yakye Axa Indigenous Community and its members, as victims in the
instant case, must be considered beneficiaries of the reparations ordered by
the Court;
b) the Yakye Axa Community is an organized indigenous Community, settled
in a specific geographical place, whose members can be identified
individually, according to the last family census conducted in 2002. Likewise,
it is necessary to bear in mind that during these three years the number of
members of the Community has varied, for which reason identification of
those who were not included in the 2002 census can be certified for the Court
by the authorities of the Indigenous Community, and
c) the sixteen persons who have died since the Community settled alongside
the public road must, likewise, be considered beneficiaries of the reparations
for violation of the right to life. When appropriate, the beneficiaries of the
reparations ordered by the Court due to this abridgment will be the respective
next of kin of the deceased.
Pleadings of the State
187. The State made no specific pleadings with regard to the beneficiaries of the
reparations.
Considerations of the Court
188. In the instant case, the Court shares the view of the Commission and the
representatives that the reparations take on a special collective significance. In this
regard, the Court deemed in another case involving indigenous peoples that
“individual reparation has as an important component the reparations that this Court
will subsequently grant to the members of the communities as a whole.”214
189. Notwithstanding the above, the Court deems that the beneficiaries of the
reparations ordered in the instant Judgment are the members of the Yakye Axa
Indigenous Community, specified in the list included in annex A to this Judgment.
B) PECUNIARY DAMAGES
Pleadings of the Commission
190. With regard to reparations for pecuniary damages, the Commission pointed
out that to fairly and equitably determine consequential damages and “lost earnings”
in the instant case, the Court should take into account the worldview of the Yakye
Axa Community and the effect on the Community itself and on its members of being
denied possession of their traditional habitat or ancestral territory and not being
allowed to conduct their traditional subsistence activities.
In this regard, the
Commission asked the Court to set compensation for these damages in fairness.
Pleadings of the representatives
191.
In this regard, the representatives pointed out that:
214
See Case of the Plan de Sánchez Massacre. Reparations, supra note 196, para. 86.
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