-76Commission, the representatives, and the State concerning who should be considered beneficiaries of any reparations ordered by the Court. Arguments of the Commission 139. The Commission stated that “[owing to] the nature of this case, the beneficiaries of the reparations ordered as a result of the human rights violations perpetrated by the Salvadoran State against the Serrano Cruz [sisters] are: María Victoria Cruz Franco (the victims’ mother), [who] unfortunately […] has since died, Suyapa Serrano Cruz Franco (the victims’ sister) and José Fernando Serrano Cruz (the victims’ brother).” Arguments of the representatives of the victims and their next of kin 140. The representatives argued that: a) The closest relatives are considered “victims.” Therefore, “the following persons are holders of the right to reparation as victims: Erlinda Serrano Cruz (disappeared victim), Ernestina Serrano Cruz (disappeared victim), María Victoria Cruz Franco (mother of Erlinda and Ernestina Serrano Cruz), Suyapa Serrano Cruz (sister of Erlinda and Ernestina Serrano Cruz), José Fernando Serrano Cruz (brother of Erlinda and Ernestina Serrano Cruz), Martha Serrano Cruz (sister of Erlinda and Ernestina Serrano Cruz), Arnulfo Serrano Cruz (brother of Erlinda and Ernestina Serrano Cruz), Rosa Serrano Cruz (sister of Erlinda and Ernestina Serrano Cruz) and Oscar Serrano Cruz (brother of Erlinda and Ernestina Serrano Cruz)”; and b) The next of kin of Erlinda and Ernestina Serrano Cruz “have the right to reparation from two different perspectives: first, as successors or beneficiaries of the reparations that the State of El Salvador must pay as a result of the violations to the rights of the Serrano Cruz [sisters] and, second, as victims per se.” Arguments of the State 141. The State indicated that: a) “The next of kin of the alleged victims could in no way be considered injured parties and successors and beneficiaries, because El Salvador has not violated the children’s right to life, since the presumption of death […] cannot be applied, because there is a legitimate presumption and proven facts that both the children are still alive”; b) The Court “cannot rule on facts that took place prior to the date on which the State accepted the Court’s jurisdiction; [… therefore] it has no jurisdiction to decide that the amount of the reparations […] be extended to the alleged violation of the right to life, which signifies that the next of kin cannot claim reparations as successors or beneficiaries of both children”; and c) “Although the Serrano Cruz family nucleus can be considered extensive, and includes the siblings of the children, Erlinda and Ernestina, for the purposes of this judgment […] the following siblings [should not be considered] next of kin affected by the disputed facts: Fernando Serrano

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