115
237. As the term suggests, reparations consist of measures that tend to make the
effects of the violations committed disappear. Their nature and amount depend on
the damage caused both at the pecuniary and non-pecuniary levels. In this regard,
reparations ordered must be in relation to the violations found in the previous
chapters of this Judgment.
238. Pursuant to the above, the Court must first decide on the determination of the
beneficiaries of the reparations; then it will set the latter regarding pecuniary and
non-pecuniary damage, other forms of reparation and, finally, legal costs and
expenses.
XIII
BENEFICIARIES
Pleadings of the Commission
239. The Commission stated that, due to the nature of the violations committed by
the State, those persons who had close emotional ties to Myrna Mack Chang were
deeply affected both by the suffering experienced because of the loss of one of their
beloved ones, and by their own emotional loss. The Commission deemed that the
beneficiaries of the reparations must be: Lucrecia Hernández Mack, daughter; Víctor
Hernández Anzueto, former husband (at the time of the facts they had already
divorced); Yam Mack Choy, the father; Zoila Chang Lau, the mother; Helen, Marco,
Freddy, Vivian and Ronald, all of them Mack Chang, “siblings of the victim.”
Pleadings of the representatives of the next of kin of the victim
240. The representatives of the next of kin of the victim claimed that the
reparations that the Court might order, as a consequence of the human rights
violations committed by the State against Myrna Mack Chang, “are payable to: 1)
Myrna Mack Chang, the victim; 2) Lucrecia Hernández Mack, the daughter de the
victim; 3) Yam Mack Choy, the father; 4) Zoila Chang Lau, the mother; and the
siblings of the victim: 5) Helen Mack Chang, sister and private accuser; 6) Marco
Mack Chang; 7) Freddy Mack Chang; and 8) Ronald Chang Apuy.”
Pleadings of the State
241.
case.
The State did not refer to the beneficiaries of the reparations in the instant
277
Cf., inter alia, Bulacio Case, supra note 9, para. 72; Juan Humberto Sánchez Case, supra note 9,
para. 149; Cantos Case, supra note 35, para. 68; Las Palmeras Case. Reparations, supra note 10, para.
38; El Caracazo Case. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of
August 29, 2002. Series C No. 95, para. 77; Hilaire, Constantine and Benjamin et al. Case, supra note
260, para. 203; Trujillo Oroza Case. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of February 27, 2002. Series C No. 92, para. 61; Bámaca Velásquez Case. Reparations (Art.
63(1) American Convention on Human Rights). Judgment of February 22,, 2002. Series C No. 91, para.
39; Cantoral Benavides Case. Reparations, supra note 248, para. 41; Cesti Hurtado Case. Reparations
(Art. 63(1) American Convention on Human Rights). Judgment of May 31, 2001. Series C No. 78, para.
34; “Street Children” Case (Villagrán Morales et al.). Reparations (Art. 63(1) American Convention on
Human Rights). Judgment of May 26, 2001. Series C No. 77, para. 61; “White Van” Case (Paniagua
Morales et al.). Reparations (Art. 63(1) American Convention on Human Rights). Judgment of May 25,
2001. Series C No. 76, para. 77; and Blake Case. Reparations (Art. 63(1) American Convention on
Human Rights). Judgment of January 22, 1999. Series C No. 48, para. 32.
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