-127232.
Arguments of the State
(a) The State does not accept any responsibility for the facts on which this
case is based and, therefore, does not recognize any procedural obligation
to provide reparation;
(b) The State abides by the evidence provided to the Court regarding the
identification of the beneficiaries, and
(c) The representatives have presented as possible beneficiaries persons who
are not included in the Court’s case law, based on the presumption of
suffering. Therefore, since no specific evidence has been presented that
proves the genuine suffering they underwent for the death or
disappearance of the 43 inhabitants of Pueblo Bello, they should be
excluded from any pecuniary compensation. In this regard, the State
called for the compensation requested for distant relatives to be rejected,
because no hard evidence had been offered proving damage caused based
on a close family relationship.
Findings of the Court
233. The Court will proceed to determine who should be considered an “injured
party” in the terms of Article 63(1) of the American Convention and, consequently,
merit the reparations established by the Court for both pecuniary and non-pecuniary
damage, when applicable.
234. First, the Court considers that the 37 persons disappeared and the six persons
deprived of life are the “injured party” as victims of the violations indicated above
(supra para. 95(35) and 153)).
235. Furthermore, the Court considers that the immediate family of the 43 victims
are the “injured party” in their own capacity as victims of the violation of the rights
embodied in Articles 5(1), 8 and 25 of the American Convention, in relation to Article
1(1) thereof (supra paras. 154 to 162 and 212). Pursuant to its case law,252 the Court
considers that the adequately identified immediate family of the persons disappeared
and deprived of life includes their mothers, fathers, sisters, brothers, wives,
companions and children, whose names appear in a document issued by a competent
authority proving their relationship, such as a birth certificate or a baptismal
certificate, submitted to the Court.
236. The next of kin of the victims are beneficiaries of the reparations established
by the Court for non-pecuniary and/or pecuniary damage as victims of the violations
of the Convention that have been declared, and also of the reparations established
by the Court as successors of the 37 victims disappeared and the six deprived of life.
237. With regard to the immediate next of kin, concerning whom no official
documentation has been submitted or the documentation submitted does not confirm
the relationship, the Court establishes that the compensation that corresponds to
them for the non-pecuniary damage suffered will conform to the parameters
established for the next of kin of the victims who have been duly identified (supra
252
Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 257; Case of the Moiwana Community,
supra note 7, para. 178, and Case of the Plan de Sánchez Massacre, supra note 246, para. 63.
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