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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