7
court must order that steps be taken to guarantee the rights infringed, redress the
consequences of the infringements, and determine payment of indemnification as
compensation for damage caused3.
V
BENEFICIARIES OF THE REPARATIONS
26.
As regards the beneficiaries of the reparations, article three of the agreement
states that they will be the surviving victims, that is: Natividad Condorcahuana
Chicaña, Felipe León León, Tomás Livias Ortega and Alfonso Rodas Alvítez (or
Albitres, Albites, or Alvitrez), and that in the case of deceased victims the
beneficiaries of the reparations will be their legal heirs, “in accordance with the terms
set forth in the respective Declarations of Heirship granted in conformity with
relevant legal procedures”.
27.
The agreement also states that it was not possible to establish who are the
beneficiaries of reparations for the following victims: Tito Ricardo Ramírez Alberto,
Odar Mender (or Méndez) Sifuentes Nuñez, and Benedicta Yanque Churo. In light of
this, article ten of the aforementioned agreement provided that “[t]he parties will
use their resources to locate the legal heirs of the deceased” aforementioned victims,
and that “[t]he agreement will remain open for signature by them once they are
found”.
28.
Furthermore, the agreement states that it will also consider as beneficiaries
“[t]hose persons who, in addition to those listed [...], are declared as beneficiaries
by the judgment of approval of this agreement delivered by the Inter-American
Court of Human Rights” (infra pars. 29 and 30).
*
*
*
29.
The Court confirms the agreement and considers as beneficiaries of the
reparations the surviving victims and the heirs of the deceased victims. Based on the
various information provided by the parties, the Court concludes that the following
persons must be considered beneficiaries of the reparations, without prejudice to any
other person who may prove his or her right as heir -in the case of the deceased
victims-:
Victim
Victims of the
violation of article 4
(Right to Life)
1. Placentina
Marcela
Chumbipuma
Aguirre
3
Beneficiaries of the reparations
Heirs of deceased victims
a) Luis Angel Tolentino Chumbipuma (son)
b) Alfredo Roberto Tolentino Chumbipuma (son)
c) Rocío Victoria Obando Chumbipuma (daughter)
Cfr. Cesti Hurtado Case. Reparations, supra note 3, par.33; “Street Children” Case (Villagrán
Morales et al.). Reparations, supra note 3, par.60; and “White van” Case (Paniagua Morales et al.).
Reparations, supra note 3, par.76.