39
nature and scope of the obligation to repair,115 the Court will proceed to determine who will
be considered an injured party in this case and to examine the claims submitted by the
parties, so as to order the pertinent measures of reparation.
A)
Injured parties
158. The Court will now proceed to determine who should be considered an “injured
party” in the terms of Article 63(1) of the American Convention and who will be the
beneficiaries of the reparations ordered in the terms indicated above.
159. First, the Court considers that Saúl Cantoral-Huamaní and Consuelo García-Santa
Cruz are “injured parties” as victims of the violation of Articles 4, 5, 7 and 16 of the
American Convention, in relation to Article 1(1) thereof, as proved in the preceding
paragraphs (supra paras. 106 and 149).
160. Second, the next of kin of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz,
who were declared victims of the violation of the rights embodied in Articles 5(1), 8(1) and
25 of the American Convention, in relation to el Article 1(1) thereof (supra paras. 120 and
135), are “injured parties.” In the case of Saúl Cantoral-Huamaní, these next of kin are:
Pelagia Mélida Contreras-Montoya de Cantoral (wife); Elisa Huamaní-Infazón and Patrocinio
Cantoral-Contreras (parents, both deceased); Marco Antonio Cantoral-Lozano, Vanessa
Cantoral-Contreras, Brenda Cantoral-Contreras and Rony Cantoral-Contreras (children);
Juan Cantoral-Huamaní, Ulises Cantoral-Huamaní, Eloy Cantoral-Huamaní, Gertrudis
Victoria Cantoral-Huamaní and Angélica Cantoral-Huamaní (siblings). In the case of
Consuelo García-Santa Cruz, these next of kin are: Amelia Beatriz Santa Cruz-Portocarrero
and Alfonso García-Rada (mother and father, the latter deceased); Rosa Amelia GarcíaSanta Cruz, Manuel Fernando García-Santa Cruz, María Elena García-Santa Cruz, Walter
Ernesto García-Santa Cruz, Mercedes Grimaneza García-Santa Cruz and Jesús Enrique
García-Santa Cruz (siblings).
161. Regarding the distribution of the corresponding compensation for pecuniary and non
pecuniary damages among these next of kin of the deceased victims, the Court, in keeping
with criteria used in various cases,116 determines that this will be made as follows:
(a)
Fifty per cent (50%) of the compensation shall be shared in equal parts
among the son and daughters of the victims;
(b)
Fifty per cent (50%) of the compensation shall be awarded to the person who
was the spouse or permanent companion of the victim at the time of the latter’s
death;
(c)
If the victim has no children, spouse or permanent companion, fifty per cent
(50%) of the compensation shall be awarded to the parents and shall be divided
equally between them. If one parent is deceased, the part that corresponded to
him/her will be added to the part of the surviving parent. The remaining fifty per
cent (50%) shall be shared in equal parts between the victim’s siblings; and
(d)
If there are no next of kin in any of the categories defined in the preceding
subparagraphs the amount that would have corresponded to the next of kin in that
115
Cf. Case of Bueno-Alves v. Argentina, supra note 8, para. 129; Case of the Rochela Massacre v. Colombia,
supra note 8, para. 228; and Case of La Cantuta v. Peru, supra note 8, para. 203.
116
Cf. Case of the Rochela Massacre v. Colombia, supra note 8, para. 237; Case of the Miguel Castro-Castro
Prison v. Peru, supra note 6, para. 421; and Case of Goiburu et al. v. Paraguay, supra note 72, para. 148.
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