46 determination of beneficiaries) by International Law, cannot be altered or eluded by the State on the allegation of its domestic law.76 114. Reparations are measures tending to eliminate the effects of the violations committed. Their nature and amount depend on the harm inflicted and on both the pecuniary and non pecuniary damage caused. Such reparations shall not entail either the enrichment or the impoverishment of the victim or his/her successors.77 In this sense, reparations to be established must bear relation to the violations declared hereinbefore. 115. On the basis of the evidence gathered during these proceedings and in the light of the abovementioned criteria, the Court will proceed to analyze the claims submitted by the Commission and the representatives regarding reparations, first, in order to determine the beneficiaries of such reparations, then, to order the pertinent remedial measures to compensate both pecuniary and non pecuniary damages and to provide any other kind of reparations, and finally, to order any measure related to costs and expenses. Arguments of the Commission 116. As regards reparations, the Inter-American Commission alleged that: Regarding the beneficiaries: a) due to the nature of the instant case, the beneficiaries of the reparations this Court may order are the following: Mr. Santiago GómezPalomino, Mrs. Victoria Margarita Palomino-Buitrón, Mrs. Esmila Liliana Conislla-Cárdenas, Pascual Gómez-Mayo (late father), Mrs. María Dolores Gómez-Palomino, Luzmila Sotelo-Palomino, Mr. Emiliano Palomino-Buitrón, Mrs. Mónica Palomino-Buitrón, Mrs. Mercedes Palomino-Buitrón, Mrs. Rosa Palomino-Buitrón, Mrs. Margarita Palomino-Buitrón and the girl Ana María Gómez-Guevara. With respect to María Elsa Chipana-Flores, the victim’s cousin, who was present when the events forming the subject matter of the instant case took place, the Commission requested that, in case evidence were introduced proving she had also been injured, the Court should consider her a beneficiary; b) Mrs. Victoria Margarita Palomino-Buitrón and Mrs. Esmila Liliana Conislla-Cárdenas have a double capacity, since they are also victims of the violation to Article 5 of the American Convention; As regards pecuniary damage: 76 Cf. Case of “Mapiripán Massacre”, supra note 1, para. 244; Case of Raxcacó-Reyes, supra note 4, para. 115, and Case of Gutierrez-Soler, supra note 4, para. 63. 77 Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 245; Case of Raxcacó-Reyes, supra note 4, para. 116, and Case of Gutierrez-Soler, supra note 4, para. 64.

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