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presented by the Commission and by the representatives and the State’s
consideration regarding the reparations in order to determine, first of all, who the
beneficiaries of the reparations are, in order to later order the measures of
reparation of the material and moral damages, the measures of satisfaction and
non-repetition and, finally, that regarding costs and expenses.
165. The Court goes on now to summarize the arguments of the Inter-American
Commission, the representatives, and the State regarding the reparations.
Arguments of the Commission:
166.
The Commission stated, inter alia, the following:
a)
Beneficiaries
The right to reparation in the terms of Article 63(1) of the convention vests in
the victim Marco Antonio Servellón García and his next of kin, specifically:
Reyes Servellón Santos, father; Bricelda Aide García Lobo, mother; Marja
Ibeth Castro García, Pablo Servellón García, and Héctor Vicente Castro
García, siblings; the victim Rony Alexis Betancourth Vásquez and his next of
kin, specifically: Manases Betancourth Núñez, father; Hilda Estebana
Hernández López, mother; Juan Carlos Betancourth Hernández, Manaces
Betancourt Aguilar, Emma Aracely Betancourth Aguilar, Enma Aracely
Betancourth Abarca, and Lilian María Betancourt Álvarez siblings; Ana Luisa
Vargas Soto, partner; Norma Estela Bustillo Rivera, mother of his daughter,
and Zara Beatris Bustillo Rivera, daughter; the victim Orlando Álvarez Ríos
and his next of kin, specifically: Concepción Álvarez, father; Antonia Ríos,
mother, and Dilcia Álvarez Ríos, sister. On the date of the presentation of the
application the Commission did not identify the beneficiaries of the
reparations due to Diomedes Obed García Sánchez.
b)
Pecuniary damage
It requested that the Court determine that the victims receive fair and prompt
reparation for the violations established in virtue of the pecuniary damages
caused, taking into account international standards.
c)
Non-pecuniary damage
In consideration of the suffering undergone by the victims’ next of kin due to
the lack of a diligent investigation of the facts and the corresponding
punishment of those responsible, among other damages, it requested that the
Court set in equity a compensatory amount for that concept.
d)
Other forms of reparation
It requested that the Court order the State to:
i)
identify, prosecute, and criminally punish the perpetrators and
planners of the arrests, tortures, and subsequent extrajudicial killings of the
victims;