56 a) It is important to distinguish those who are considered victims in order to establish adequate reparations for the damage suffered, and then proceed to determine the beneficiaries when applicable. Accordingly, the victims are: i. The persons who were arbitrarily executed: Jorge Carpio Nicolle, Juan Vicente Villacorta Fajardo, Alejandro Ávila Guzmán and Rigoberto Rivas González; ii. The persons who survived the attack: Martha Arrivillaga de Carpio, Sydney Shaw Arrivillaga, Mario Arturo López Arrivillaga and Ricardo San Pedro Suárez. The minor, Sydney Shaw Díaz, who suffered serious injuries from the shots he received, is a victim who deserves special mentioned; and iii. The next of kin of the victims who were executed, because they could not obtain justice in Guatemala for the serious irregularities committed during the investigation. The next of kin are: Next of kin of Jorge Carpio Nicolle: Martha Arrivillaga de Carpio, wife; Jorge Carpio Arrivillaga, son; Rodrigo Carpio Arrivillaga, son; Rodrigo Carpio Fischer, grandson; Daniela Carpio Fischer, granddaughter; Katia Maria Carpio Leporowski, granddaughter; Ana Isabel Carpio Leporowski, granddaughter; Andrea Carpio Leporowski, granddaughter; Jorge Carpio Leporowski, grandson, Karen Fischer, daughter-in-law; and Katia Leporowski, daughter-in-law. Next of kin of Juan Vicente Villacorta Fajardo: Silvia Arrivillaga de Villacorta, wife; Álvaro Martín Villacorta Arrivillaga, son; Silvia Piedad Villacorta Arrivillaga, daughter; Juan Carlos Villacorta Arrivillaga, son; María Isabel Villacorta Arrivillaga, daughter; and José Arturo Villacorta Arrivillaga, son. Next of kin of Rigoberto Rivas González: Rosa Everilda Mansilla Pineda, wife; María Paula González Chamo, mother; Lisbeth Azucena Rivas Mansilla, daughter; Dalia Yaneth Rivas Mansilla, daughter; César Aníbal Rivas Mansilla, son; and Nixon Rigobeto Rivas Mansilla, son. Next of kin of Alejandro Ávila Guzmán: Sonia Lisbeth Hernández Saraccine, wife; María Nohemi Guzmán, mother; Alejandro Ávila Hernández, son; and Sydney Roberto Ávila Hernández, son; and b) If the Court determines that damage has been caused to these persons, the reparation should be subject to the principles of inheritance law and the amounts should be distributed as follows: 50% for the widow and 50% for the children. Arguments of the State 95. The State requested the Court to take into consideration the second degree of relationship by marriage and the fourth degree of blood relationship of the next of kin of the victims, in accordance with national legislation, when applicable. It also stated that it would not propose that Karen Fischer or her children could not be beneficiaries.