82
Pleadings of the State
154. On the various occasions in which it submitted pleadings in connection with
the instant case, the State has not referred to the issue of the beneficiaries of the
reparations.
Considerations of the Court
155. The Court will now determine the person or persons who are the “injured
party” in the instant case, pursuant to the terms of Article 63(1) of the American
Convention. Since the violations to the American Convention found in this same
Judgment were to the detriment of Juan Humberto Sánchez, María Dominga Sánchez
(the mother); Juan José Vijil Hernández (the stepfather); Reina Isabel Sánchez
(sister), María Milagro Sánchez (sister), Rosa Delia Sánchez (sister), Domitila Vijil
Sánchez (sister); María Florinda Vijil Sánchez (sister), Juan Carlos Vijil Sánchez
(brother), Julio Sánchez (brother), Celio Vijil Sánchez (brother), Donatila Argueta
Sánchez (companion), Breidy Maybeli Sánchez Argueta (daughter), Velvia Lastenia
Argueta Pereira (companion) and Norma Iveth Sánchez Argueta (daughter), all of
them –as victims- must be included in said category and are entitled to the
reparations ordered by the Court, both regarding pecuniary damage, when
appropriate, and regarding non-pecuniary damage. With respect to Juan Humberto
Sánchez, it will also be necessary to establish which of the reparations ordered in his
favor can be transmitted through inheritance to his next of kin, and to which of
these.
156. With respect to these applicants the onus probandi is for the next of kin of the
victim,166 understanding the term “next of kin of the victim,” pursuant to Article
2(15) of the Rules of Procedure,167 as a broad concept that includes all persons tied
by close kinship, including the children, parents and siblings, who may be considered
next of kin and have the right to receive compensation, insofar as they meet the
requirements established in the case law of this Court.168 It is necessary to underline
the criterion followed by the Court to assume that the death of a person causes nonpecuniary damage to the closest members of the family, especially to those who
were in close emotional contact with the victim.169 For the purposes of the sub judice
case, this type of reparation will be analyzed in the respective section, under the
circumstances of the case and of the body of evidence supplied to this Court by the
next of kin.
XV
166
Cf. Trujillo Oroza Case, Reparations, supra note 22, para. 57; Bámaca Velásquez Case,
Reparations, supra note 153, para. 34; and “Street Children” Case (Villagrán Morales et al.). Reparations
(Art. 63(1) American Convention on Human Rights). Judgment of May 26, 2001. Series C No. 77, para.
68.
167
Pursuant to Article 2 of the Rules of Procedure, the term “next of kin” means “the immediate
family, that is, the direct ascendants and descendants, siblings, spouses or permanent companions, or
those determined by the Court, if applicable.”
168
Cf. Las Palmeras Case, Reparations, supra note 4, paras. 54 and 55; Trujillo Oroza Case,
Reparations, supra note 22, para. 57; Bámaca Velásquez Case, Reparations, supra note 153, para. 34;
and “Street Children” Case (Villagrán Morales et al.). Reparations, supra note 166, para. 68.
169
Las Palmeras Case, Reparations, supra note 4, paras. 54-55; Trujillo Oroza Case, Reparations,
supra note 22, para. 57; and “Street Children” Case (Villagrán Morales et al.), Reparations, supra note
166, para. 68.
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