pecuniary compensation, measures of restitution and satisfaction, and guarantees of nonrepetition have special relevance for the harm caused. 661
413. Consequently, based on the violations of the American Convention declared in this
Judgment, and without prejudice to any type of reparation that is agreed subsequently between
the State and the victims of forced displacement, the Court will proceed to establish the
measures aimed at redressing the harm caused. To this end, it will take into account the claims
of the Commission and the representatives, as well as the arguments of the State, in light of
the criteria established in the Court’s case law in relation to the nature and scope of the
obligation to make reparation.662
414. Regarding the general claims concerning reparations presented by the Commission and
the parties, it should be noted that a discussion has arisen concerning the sufficiency of the
measures included in the Victims and Land Restitution Law to make reparation to the victims in
this case. This discussion will be analyzed below in relation to the pecuniary compensation (infra
para. 469 to 475).
A. Injured party
415. Bearing in mind that, in Chapter VI, it was decided that Article 35(2) of the Court’s
Rules of Procedure would be applied in this case and that, consequently, the revised list of
victims for the establishment of reparations is the one that includes 531 persons and that was
presented by the representatives as an annex to their motions and arguments brief, the Court
will proceed to determine the factual issues that, with regard to the victims in this case, have
given rise to discussions within these proceedings between the Commission, the representatives
and the State, as indicated previously.
A.1. Arguments of the Commission and of the parties
416. The State considered, first, that the community as such could not be considered a victim
because it did not comply with the respective requirements.663 Second, it advised that on an
individual and general basis, there were gaps 664 in the information of the persons who appear
on the representatives’ list and indicated the importance of establishing a limit to the
descendants of the victims who were legally entitled to receive reparations. Third, it had crosschecked the names of the victims indicated in the motions and arguments brief with other
national lists and registries with the following results: (a) Inter-institutional Information System
of the Justice and Peace Law (SIJYP): only 28 of them appear in this system;665 (b) CAVIDA
members presented by the representatives in 2006 for the request for precautionary measures:
this list includes 581 names and only 111 have the same name, surname and identification as
those on the list of 531;666 (c) National Civil Registry:667 this only includes records of 472668 of
661
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs, para. 294, and Case of the
Constitutional Tribunal (Camba Campos et al.) v. Ecuador, para. 244.
662
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, paras. 25 to 27, and Case of the
Constitutional Tribunal (Camba Campos et al.) v. Ecuador, para. 246.
663
The State argued that, for the community to be considered a victim, it was necessary to prove: their ethnocultural characteristics, their relationship with the land, and all those socio-cultural characteristics that allow a group of
persons to be considered and to be part of the said community both objectively and subjectively.
664
The State indicated the following gaps: 55 persons are not identified, in the cases of 60 persons their identity
documents have irregularities; the names of others are incomplete, some have not proved their connection to the
events or their relationships and, lastly, some did not give a power of attorney to their representatives. In the case of
the family of Marino López, of the 13 persons named, it was mentioned that two were “foster children” without
providing any evidence in this regard.
665
Cf. Crosscheck between the final list and the Justice and Peace Information System of the Prosecutor General’s
Office (evidence file, folio 16941).
666
Cf. List of supposed victims beneficiaries of the precautionary measures (evidence file, folios 16943 to 16957).
131
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