26
A) BENEFICIARIES
43.
The Court will now address the pleadings of the Inter-American Commission
and of the representatives of the victim and his next of kin regarding the persons
who must be considered beneficiaries of the reparations ordered by the Court. The
State did not refer to this matter.
Arguments of the Commission
44.
The Commission submitted that the beneficiaries of the reparations are:
Emma Theissen Álvarez Vda. de Molina, the victim’s mother; Ana Lucrecia Molina
Theissen, María Eugenia Molina Theissen and Emma Guadalupe Molina Theissen, the
victim’s sisters.
Arguments of the representatives of the victim and his next of kin
45.
The representatives of the victim and his next of kin argued that:
a)
those entitled to reparation in the instant case are: Marco Antonio
Molina Theissen, victim; Emma Theissen Álvarez Vda. de Molina, the victim’s
mother; Carlos Augusto Molina Palma, the victim’s deceased father; and
Emma Guadalupe Molina Theissen, Ana Lucrecia Molina Theissen and María
Eugenia Molina Theissen, the victim’s sisters. Marco Antonio Molina Theissen’s
next of kin are entitled to reparations in two capacities: as successors and as
victims per se of the abridgments of the Convention acknowledged by the
State and found by the Inter-American Court, for which reason they are
“entitled to reparation in their own right;” and
b)
Marco Antonio Molina Theissen was an adolescent, he had no
descendants and no wife, for which reason the compensation that he is
entitled to as a victim must be given to his parents. Since the victim’s father
died, the compensation that he would have received must be distributed in
equal parts among the other next of kin.
Pleadings of the State
46.
The State did not refer to those entitled to reparations in the instant case.
Considerations of the Court
47.
The Court will now determine the person or persons who are the injured party
in the instant case, in accordance with the provisions of Article 63(1) of the American
Convention. In view of the fact that the violations of the American Convention
established by the Court in the judgment on the merits issued on May 4, 2004 (supra
paras. 15 and 38) were committed to the detriment of Marco Antonio Molina
Theissen, the missing child; Emma Theissen Álvarez Vda. de Molina, his mother;
Carlos Augusto Molina Palma, his father; Ana Lucrecia Molina Theissen, María
Eugenia Molina Theissen and Emma Guadalupe Molina Theissen, his sisters; all of
them as victims must be included in said category and must be entitled to the
reparations ordered by the Court, both regarding pecuniary damages and, when
appropriate, with respect to non-pecuniary damages.
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