53
International Court shall determine the measures to be ordered to protect the rights
that were affected, as well as to make reparations for the consequences of the
infringements and shall determine a compensation for the damage caused.100 It is
necessary to add the positive measures that the State must adopt to prevent
repetition of the harmful events such as those that occurred in the instant case.101
177. Reparations are measures tending to eliminate the effects of the violations
committed. Their nature and amount depend on the characteristics of the violation
and, at the same time, on the pecuniary and non pecuniary damage caused. Such
reparations shall not lead victims or their heirs to become richer or poorer and they
must be consistent with the violations declared in the Judgment of the Court.102
178. In view of the above criteria and the circumstances of the instant case, the
Court will analyze the claims submitted by the Commission and the representatives
regarding reparations in order to adopt the necessary measures to redress the
damage sustained in the instant case.
A)
BENEFICIARIES
179. The Court shall now proceed to establish the persons who should be
considered “injured parties” pursuant to the provisions of Article 63(1) of the
American Convention, who are consequently entitled to the reparations to be defined
by the Tribunal. Firstly, the Court considers that Mr. Bernabé Baldeón-García is the
“injured party” in the instant case, as victim of the violations of the human rights
embodied in Articles 4 (Right to Life), 5 (Right to Personal Integrity) and 7 (Right to
Personal Liberty) of the American Convention, in relation to Article 1(1) (Obligation
to Respect Rights) of that treaty (supra paras. 46, 105, 126 and 173); therefore, he
shall be entitled to the compensation for pecuniary damage and non pecuniary
damage established by the Court.
180. Furthermore, this Court considers the next of kin of Mr. Bernabé BaldeónGarcía, namely Guadalupe Yllaconza-Ramírez de Baldeón, wife of Mr. BaldeónGarcía, and Crispín, Roberto, Segundina, Miguelita, Perseveranda, Vicente, Sabina
and Fidela, children of Baldeón-García, are “injured parties” in their capacity as
victims of the violation of the rights embodied in Articles 5(1) (Right to Personal
Integrity), 8(1) (Right to Fair Trial) and 25 (Right to Judicial Protection) of the
American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of that
treaty (supra paras. 47, 130, 169 and 173).
181. The next of kin of the victims will be
determined by the Court for pecuniary and/or
capacity as victims per se of the violations of the
the reparation established by the Court in their
Baldeón-García.
beneficiaries of the reparations
non pecuniary damage in their
Convention explained herein, and
capacity as heirs of Mr. Bernabé
100
Cf. Case of Acevedo-Jaramillo et al., supra note 6, para. 296; Case of López-Álvarez, supra note
6, para. 182; Case of the Pueblo Bello Massacre, supra note 6, para. 228.
101
Cf. Case of López-Álvarez, supra note 6, para. 182; Case of Blanco-Romero et al., supra note 7,
para. 69; and Case of García-Asto and Ramíre- Rojas, supra note 10, para. 248.
Cf. Case of Acevedo-Jaramillo et al., supra note 6, para. 297; Case of López-Álvarez, supra note
6, para. 181; Case of the Pueblo Bello Massacre, supra note 6, para. 229.
102
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