26 A) BENEFICIARIES 43. The Court will now address the pleadings of the Inter-American Commission and of the representatives of the victim and his next of kin regarding the persons who must be considered beneficiaries of the reparations ordered by the Court. The State did not refer to this matter. Arguments of the Commission 44. The Commission submitted that the beneficiaries of the reparations are: Emma Theissen Álvarez Vda. de Molina, the victim’s mother; Ana Lucrecia Molina Theissen, María Eugenia Molina Theissen and Emma Guadalupe Molina Theissen, the victim’s sisters. Arguments of the representatives of the victim and his next of kin 45. The representatives of the victim and his next of kin argued that: a) those entitled to reparation in the instant case are: Marco Antonio Molina Theissen, victim; Emma Theissen Álvarez Vda. de Molina, the victim’s mother; Carlos Augusto Molina Palma, the victim’s deceased father; and Emma Guadalupe Molina Theissen, Ana Lucrecia Molina Theissen and María Eugenia Molina Theissen, the victim’s sisters. Marco Antonio Molina Theissen’s next of kin are entitled to reparations in two capacities: as successors and as victims per se of the abridgments of the Convention acknowledged by the State and found by the Inter-American Court, for which reason they are “entitled to reparation in their own right;” and b) Marco Antonio Molina Theissen was an adolescent, he had no descendants and no wife, for which reason the compensation that he is entitled to as a victim must be given to his parents. Since the victim’s father died, the compensation that he would have received must be distributed in equal parts among the other next of kin. Pleadings of the State 46. The State did not refer to those entitled to reparations in the instant case. Considerations of the Court 47. The Court will now determine the person or persons who are the injured party in the instant case, in accordance with the provisions of Article 63(1) of the American Convention. In view of the fact that the violations of the American Convention established by the Court in the judgment on the merits issued on May 4, 2004 (supra paras. 15 and 38) were committed to the detriment of Marco Antonio Molina Theissen, the missing child; Emma Theissen Álvarez Vda. de Molina, his mother; Carlos Augusto Molina Palma, his father; Ana Lucrecia Molina Theissen, María Eugenia Molina Theissen and Emma Guadalupe Molina Theissen, his sisters; all of them as victims must be included in said category and must be entitled to the reparations ordered by the Court, both regarding pecuniary damages and, when appropriate, with respect to non-pecuniary damages.

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