76
statements, the existence of certain next of kin of the victims is mentioned,
and their names are stated, without the respective statements being
supported by any other evidence (not even in the statements in the briefs on
reparations); and
c)
in the statements made before a notary public and submitted to the
file, reference is sometimes made to the victim having had certain next of kin,
such as siblings or children, without the person who makes the statement
duly identifying them with their names and other relevant circumstances.
As was established before (supra paras. 63 and 64), the Court deems that to attain
probatory value, statements not disputed by parties and the statements referred to
in the above subparagraphs, must be supported by other evidence.
73.
Pursuant to what has already been stated, the Court will consider as
beneficiaries of reparations, first of all the victims, and secondly their next of kin
(supra para. 67). In the latter case it will be necessary for the family tie to be duly
proven, according to the aforementioned probatory standards (supra para. 63.b). In
connection with persons whose existence and ties with the victims do not have the
backing required by the aforementioned standards, being in the situations described
in one of the hypotheses of the previous paragraph, or in other similar situations, the
Court will proceed in the instant Judgment as follows: it will consider them
beneficiaries of reparations for non-pecuniary damage and order compensation paid
to them in that regard, if they come before the State within twenty-four months
after the date this Judgment is rendered and provide authentic evidence, pursuant to
domestic legislation, that they are next of kin of one of the victims, under the terms
of the aforementioned Article 2(15) of the Rules of Procedure in force.
74.
As follows from the paragraphs of the instant
victims will be considered beneficiaries of reparations
persons affected by the homicides, disappearances
beloved ones, and as direct victims of violation
Convention.
chapter, the next of kin of the
in terms of a double status: as
and wounds suffered by their
of Articles 8 and 25 of the
*
*
*
75.
The Court notes that the next of kin of Jesús Alberto Cartaya, Sabas Reyes
Gómez, Jesús Rafael Villalobos and Alís Guillermo Torres Flores, have not appeared
in the proceedings, whether personally or by means of representatives, although the
representatives of the other victims and next of kin have acted on their behalf as
unofficial agents, and have requested measures of reparation on their behalf. In the
instant case, the Court will address the respective requests based on the fact that
the judgment on the merits, with is an inescapable precedent in the itinerary of the
proceedings, found that Mr. Cartaya, Mr. Reyes, Mr. Villalobos and Mr. Torres were
victims.
VII
OBLIGATION TO MAKE REPARATIONS
76. With respect to Article 63(1) of the American Convention, the Court has stated
that this provision reflects an unwritten law that is one of the basic principles of
contemporary international law regarding the responsibility of the States. Thus,