102
from the violation of Article 5 of the Convention regarding Article 1(1) thereof;
and
b)
Urcesino Ramírez-Rojas as a direct victim, and Marcos Ramírez-Alvarez
(son) and Santa, Pedro, Filomena, Julio, Obdulia, Marcelino, and Adela RamírezRojas (siblings), his next of kin, who must be beneficiaries of the reparations
arising from the violation of Article 5 of the Convention regarding Article 1(1)
thereof.
Arguments of the State
252. The State has not submitted any arguments regarding the beneficiaries of the
reparations.
Considerations of the Court
253. According to Article 63(1) of the American Convention, taking into consideration
the acknowledgement of facts made by the State (supra paras. 52 to 60,) the Court
considers Wilson García-Asto and Urcesino Ramírez-Rojas to be injured parties as
victims of the violations of the rights embodied in Articles 5, 7, 9, 8, and 25 of the
American Convention, regarding Article 1(1) thereof. Likewise, the following persons
are considered beneficiaries as victims of the violation of Article 5 of the American
Convention, regarding Article 1(1) thereof:
•
Napoleón García-Tuesta (father), Celia Asto-Urbano (mother), Elisa and
Gustavo García-Asto (siblings), all of them next of kin of Wilson García-Asto;
and
•
María Alejandra Rojas (mother –deceased-), Marcos Ramírez-Álvarez (son) and
Santa, Pedro, Filomena, Julio, Obdulia, Marcelino, and Adela Ramírez-Rojas
(siblings), all of them next of kin of Urcesino Ramírez-Rojas.
254. As regards Pompeya Ramírez-Rojas, sister of Urcesino Ramírez-Rojas, the
Inter-American Commission has requested her inclusion as beneficiary of the
reparations that may be ordered in this Judgment but has not made any further
consideration in that respect, nor has it submitted any evidence to prove that Pompeya
has suffered a material or immaterial damage as a consequence of the facts described
in the instant case.
255. As regards the compensation that may be awarded to María Alejandra Rojas,
mother of Urcesino Ramírez-Rojas, the Court has already pointed out that the right to
receive compensation for the damages suffered by the victims until their death passes
over to their heirs, and has further stated that as a common practice, legislation in
most countries provides that the successors of a person are his or her children.191
191
Cf. Case of the Serrano-Cruz Sisters, supra note 15, para. 146; Case of the Gómez-Paquiyauri
Brothers, supra note 142, para. 198; and Case of Bulacio, supra note 184, para. 85.
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