55
both the pecuniary and the non-pecuniary levels.121 Reparations are not meant to
enrich or impoverish the victim or his next of kin.122 In this regard, the reparations
established should be in relation to the violations that have previously been
declared.123
90.
The Court considers that the State’s initiative acknowledging its international
responsibility makes a positive contribution to its compliance with its commitments
arising from the American Convention.
91.
In accordance with the evidence gathered during the proceedings and in light
of the above criteria, the Court proceeds to consider the claims presented by the
Commission and by the representatives concerning reparations, in order to
determine, first, who are the beneficiaries, and then to establish the measures of
reparation to repair the pecuniary and non-pecuniary damage and other forms of
reparation and, lastly, with regard to costs and expenses
A) BENEFICIARIES
92.
The Court will now summarize the arguments of the Inter-American
Commission, the representatives, and the State regarding who should be considered
the beneficiaries of the reparations ordered by the Court.
Arguments of the Commission
93.
The Commission considered that:
a)
The persons directly prejudiced by the facts of the violation have a
right to reparation; in this case the Carpio, Villacorta, Rivas and Ávila families
and Sydney Shaw Díaz;
b)
The obligation to repair does not arise from domestic law, but from the
American Convention; consequently, in order to demand compensation, the
beneficiaries only have to accredit their family relationship, but are not
obliged to follow the procedure laid down by domestic legislation with regard
to questions of inheritance, and
c)
If the beneficiaries were established according to domestic law, Karen
Fischer could not be a beneficiary, and this would be “a terrible injustice.”
Arguments of the representatives
94.
The representatives alleged that:
121
Cf. Case of Tibi, supra note 11, para. 225; Case of the “Juvenile Reeducation Institute”, supra
note 11, para. 261; and Case of Ricardo Canese, supra note 11, para. 196.
122
Cf. Case of Tibi, supra note 11, para. 225; Case of the “Juvenile Reeducation Institute”, supra
note 11, para. 261; and Case of Ricardo Canese, supra note 11, para. 196.
123
Cf. Case of the “Juvenile Reeducation Institute”, supra note 11, para. 261; Case of Ricardo
Canese, supra note 11, para. 196; and Case of the Gómez Paquiyauri Brothers, supra note 116, para.
190.
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