20
an unlawful act imputable to a State occurs, that State becomes responsible in law
for violation of an international norm, with the consequent duty to make reparations.
85.
Reparations is a generic term that covers the various ways a State may make
amends for the international responsibility it has incurred (restitutio in integrum,
payment of compensation, satisfaction, guarantees of non-repetitions among
others).
86.
It is a universally recognized principle that the obligation to make reparations
ordered by international courts is governed by international law in all of its aspects:
its scope, nature, modality, and the determination of beneficiaries, none of which
may be altered by the State required to make reparations by invoking provisions of
its domestic law (among others, Neira Alegría et al. Case, Reparations, supra 84,
para 37; Caballero Delgado and Santana Case, Reparations, supra 84, para. 16 and
Garrido and Baigorria Case, Reparations, supra 84, para. 42).
87.
The reparations ordered in this Judgment must be proportionate to the
violations of articles 1(1), 5, 7, 8(1), 8(2), 8(4) and 25, violations whose commission
was established in the Judgment of September 17, 1997.
VII
BENEFICIARIES
88.
It is obvious that in the instant Case the victim is Ms. María Elena LoayzaTamayo. In its Judgment of September 17, 1997, the Court found that the State
had violated, to her detriment, a number of rights upheld in the Convention. Hence,
she is entitled to the payment of the compensation ordered by the Court in her
favor.
89.
In keeping with the language used in the Judgment on the merits and in
Article 63 of the Convention, it is also up to the Court to determine which of the
victim’s "next of kin" are, in the instant case, "injured parties. "
90.
Both the victim and the Commission made the point that the Court’s
interpretation of kinship has been broad and flexible, a practice consistent with that
of other international bodies.
They added that in an “anthropological sense, the
victim’s next of kin is not the very narrowly-defined nuclear family. Rather, it is the
extended family, which is a broader concept defined by parameters such as
permanence within the family circle and the frequency with which the members
interact with each other.” Given the foregoing, they argued, the Court should order
reparations for the victim’s children, Gisselle Elena and Paul Abelardo ZambranoLoayza; her parents Julio Loayza-Sudario and Adelina Tamayo-Trujillo de Loayza;
and her siblings Delia Haydée, Carolina Maida, Julio William, Olga Adelina, Rubén
Edilberto and Giovanna Elizabeth, all by the surname Loayza-Tamayo, since they
were injured parties who suffered as a direct consequence of the victim’s absence
during her incarceration.
91.
The State said it was opposed to granting any compensation to the victim’s
next of kin, since they did not appear before the Court to assert their claims. The
Court will decide these objections later in this judgment (infra 103, 104 and 105)
and will concern itself, at this point, solely with matters pertaining to the designation
of beneficiaries.