46
determination of beneficiaries) by International Law, cannot be altered or eluded by
the State on the allegation of its domestic law.76
114. Reparations are measures tending to eliminate the effects of the violations
committed. Their nature and amount depend on the harm inflicted and on both the
pecuniary and non pecuniary damage caused. Such reparations shall not entail
either the enrichment or the impoverishment of the victim or his/her successors.77
In this sense, reparations to be established must bear relation to the violations
declared hereinbefore.
115. On the basis of the evidence gathered during these proceedings and in the
light of the abovementioned criteria, the Court will proceed to analyze the claims
submitted by the Commission and the representatives regarding reparations, first,
in order to determine the beneficiaries of such reparations, then, to order the
pertinent remedial measures to compensate both pecuniary and non pecuniary
damages and to provide any other kind of reparations, and finally, to order any
measure related to costs and expenses.
Arguments of the Commission
116.
As regards reparations, the Inter-American Commission alleged that:
Regarding the beneficiaries:
a)
due to the nature of the instant case, the beneficiaries of the
reparations this Court may order are the following: Mr. Santiago GómezPalomino, Mrs. Victoria Margarita Palomino-Buitrón, Mrs. Esmila Liliana
Conislla-Cárdenas, Pascual Gómez-Mayo (late father), Mrs. María Dolores
Gómez-Palomino, Luzmila Sotelo-Palomino, Mr. Emiliano Palomino-Buitrón,
Mrs. Mónica Palomino-Buitrón, Mrs. Mercedes Palomino-Buitrón, Mrs. Rosa
Palomino-Buitrón, Mrs. Margarita Palomino-Buitrón and the girl Ana María
Gómez-Guevara. With respect to María Elsa Chipana-Flores, the victim’s
cousin, who was present when the events forming the subject matter of the
instant case took place, the Commission requested that, in case evidence
were introduced proving she had also been injured, the Court should
consider her a beneficiary;
b)
Mrs. Victoria Margarita Palomino-Buitrón and Mrs. Esmila Liliana
Conislla-Cárdenas have a double capacity, since they are also victims of the
violation to Article 5 of the American Convention;
As regards pecuniary damage:
76
Cf. Case of “Mapiripán Massacre”, supra note 1, para. 244; Case of Raxcacó-Reyes, supra note
4, para. 115, and Case of Gutierrez-Soler, supra note 4, para. 63.
77
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 245; Case of Raxcacó-Reyes, supra
note 4, para. 116, and Case of Gutierrez-Soler, supra note 4, para. 64.
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