31
rights embodied in Articles 4 and 5 of the American Convention “also extended to the
closest members of his family, particularly those who had a close affective contact
with the victim,”79 and, in this case, the Court considers that these included the
stepfather and the half-brothers and sisters of the victim “who, as members of a
close family, had a close relationship with […] Juan Humberto Sánchez.”80
66.
As in the case of indirect damage, the compensation established by the Court
for the next of kin of Juan Humberto Sánchez is based on his suffering and not on
their condition as his successors. The existence of a family connection, as developed
by the Court in its case law,81 allows the Court to establish whether suffering has
been caused to other persons in addition to the victim; once the existence of this
suffering has been established, the next of kin of the victim must be compensated,
without considering whether they are successors under the rules of the State’s
domestic law.
67.
Owing to the foregoing, the Inter-American Court decides to reject the
requested interpretation regarding the reparations in the instant case.
Therefore,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in accordance with Article 67 of the American Convention on Human Rights and
Article 58 of the Rules of Procedure of the Inter-American Court of Human Rights
DECIDES:
unanimously,
1.
To reject as inadmissible the appeal for review of the judgment of June 7,
2003, filed by the State in the Juan Humberto Sánchez case.
2.
To reject in toto as without grounds the State’s call for interpretation of the
judgment of June 7, 2003, in the Juan Humberto Sánchez case, contained in the
request.
3.
To continue monitoring compliance with the judgment of June 7, 2003, as
established in paragraphs 196 to 200 of this judgment.
Done in Spanish and English, the Spanish text being authentic, in San José, Costa
Rica, on November 26, 2003.
79
80
81
Juan Humberto Sánchez case, supra note 10, para. 175.
Juan Humberto Sánchez case, supra note 10, para. 175.
Cf., Bulacio case, supra note 13, para. 78; Juan Humberto Sánchez case, supra note 10, para.
156; Las Palmeras case, Reparations, supra note 13, paras. 54 to 55; and Trujillo Oroza case,
Reparations, supra note 20, para. 57.
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