101
necessary that the State adopt positive measures in order to prevent the occurrence in
the future of injurious acts as those addressed in the instant case.188 The duty to
repair, which is regulated in all the aspects (scope, nature, modality, and
determination of beneficiaries) by international law, cannot be modified or breached by
the State owing such duty by invoking provisions set forth in its domestic laws.189
249. The reparations, as the term indicates, consist of those measures tending to
annul or mitigate the effects of the violations occurred. Their nature and amount shall
depend on the damages, both pecuniary and non pecuniary, that have been caused.190
In this sense, the reparations to be determined must bear a relationship to the
violations that have been established in the previous chapters of this Judgment.
A)
BENEFICIARIES
Arguments of the Commission
250. The Commission stated that, given the nature of the instant case, the
beneficiaries of the reparations that the Court shall order are the following:
a) Wilson García-Asto and his next of kin, Celia Asto-Urbano (mother),
Napoleón García-Asto (father), and his siblings Elisa and Gustavo García-Asto.
The next of kin must be considered beneficiaries since they have a close
emotional bond with the victims and have been deeply affected by the facts
occurred; and
b) Urcesino Ramírez-Rojas and his next of kin, his mother, Alejandra Rojas; his
siblings Pedro, Julio, Santa, Obdulia, Filomena, Marcelina, Adela, and Pompeya
Ramírez-Rojas; and his son Marco Antonio Ramírez-Álvarez. The next of kin
must be considered beneficiaries since they have a close emotional bond with
the victims and have been deeply affected by the facts occurred.
Arguments of the representatives
251. The representatives pointed out that the beneficiaries of the reparations are the
following:
a)
Wilson García-Asto, as a direct victim, and Celia Asto Urbano (mother),
Elisa Garcia-Asto, Gustavo Garcia-Asto (siblings), Napoleón Garcia-Tuesta
(father), his next of kin, who must be beneficiaries of the reparations arising
188
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 244; Case of Raxcacó-Reyes, supra note
10, para. 115; and Case of Gutiérrez-Soler, supra note 6, para. 63.
189
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 244; Case of Raxcacó-Reyes, supra note
10, para. 115; and Case of Gutiérrez-Soler, supra note 6, para. 63.
190
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 245; Case of Raxcacó-Reyes, supra note
10, para. 115; and Case of Gutiérrez-Soler, supra note 6, para. 64.
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