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positive contribution toward bringing the State into compliance with its obligations
under Article 19 of the American Convention.
266. Based on the evidence compiled during the case and bearing the above
considerations in mind, the Court will now analyze the claims submitted by the
Commission and by the representatives in the matter of reparations. It will first
determine who the beneficiaries of the reparations are, and then order the measures
of reparation aimed at redressing pecuniary and non-pecuniary damages, other
forms of reparation and, lastly, the matter of costs and expenses.
A) BENEFICIARIES
267. The Court will now summarize the arguments of the Inter-American
Commission, the representatives and the State on who should be regarded as the
beneficiaries of any reparations the Court might order.
Pleadings of the Commission
268.
The Commission asserted the following with regard to the beneficiaries:
a)
all the victims deprived of their liberty at the ‘Panchito López’
Reeducation Institute in the period from August 14, 1996 to July 25, 2001,
must be compensated both individually and collectively;
b)
all the victims who perished or were injured in the three fires that the
present case involves can be identified; the many children and adolescents
deprived of their liberty at the Center at various times can also be identified,
as can all the juveniles who were interned at the Center at the time of its
permanent closing in July 2001 and later transferred; and
c)
the victims are not unidentifiable, as there are a number of ways to
identify them individually and personally.
Therefore, the Commission
reasoned, it is not seeking anonymous reparations, but rather reparations for
each and every victim.
Pleadings of the representatives
269. The representatives stated that the beneficiaries of the reparations are all the
inmates who were interned in the Center at any time in the period between August
14, 1996 and July 25, 2001. However, in the case of the twelve deceased inmates,
the beneficiaries would be their next of kin.
Pleadings of the State
270. The State asked the Court to consider as beneficiaries only those persons
named in the application and in the Court’s order of June 21, 2002, in keeping with
the Court’s Rules of Procedure and jurisprudence. Consequently, should reparations
be ordered, they would be on an individual basis; the State argued that under Article
33(1) of the Court’s Rules of Procedure, the Commission was to have identified the
alleged victims by name.
Considerations of the Court
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