d) The amount of reparations
57. Whereas the Applicants are claiming lump sums of money in reparation for the moral
prejudice suffered (supra, para 36), the Respondent State is insistent in establishing that
none of the beneficiaries has justified his/her status either as beneficiary or indirect victim,
and that none of them is therefore in a position to lay claim to any reparation (supra, para
43).
58. The Court first recalls that it has already disposed of this issue of persons who can
lay claim to the status of victims in the instant case (supra, para. 50) and will not come
back to it.
59. The Court further notes that the Respondent State does not contest the existence of
moral prejudice to the detrimen t of the beneficiaries identified by the Court as the victims.
60. Regarding the quantification of reparation per se, the applicable principle is that of full
reparation, commensurate with the prejudice suffered . As stated by the Permanent Court
of International Justice in the above mentioned matter of I'Usine de Chorzow (The Factory
at Chorz6w) , the State responsible for violation needs to make an effort "to wipe out all
the consequences of the illegal act and re-establish the situation which would, in all
22
probability, have existed if that act had not been committed". In the same vein, the InterAmerican Court of Human Rights stated that:
"Reparations consist of measures tending to eliminate the effects of the violations that have been
committed. Their nature and amount depend on both the pecuniary and non-pecuniary damage
that has been caused. Reparations should not make the victims or their successors either ncher
23
or poorer and they should be proportionate to the violations declared in the judgment".
A, No. 17 , p. 47.
u PCIJ The Factory at Chorz6w, (Merits), Judgment of 13 Septembe r 1928, Seriess
Septembe r
IACHR: Goiburu and Others v. Paraguay , (Merits, Reparations and Costs) , Judgment of 22
VIOlations that
2006, para. 143: "Reparation cons1sts of measures tending to eliminate the effects of the
iary damage
have been committed . Their nature and amount depend on both the pecuniary and non-pecun
or poorer
richer
either
s
successor
their
that has been caused . Reparat1ons should not make the victims or
CastilloIdem·
and they should be proportionate to the violations declared in the judgment." See also:
de Ia
Paez v. Peru (Reparations and Costs) Judgment of 27 Novembe r 1998, para 51 , IACHR "Enfants
2001,
May
26
of
Judgment
Costs),
and
ns
rue'' (Viffagran-Morales and Others) v Guatemala (Reparatio
Reparations
para 63; Idem· Gonzales and Others ("Cotton Field' ) v. Mexico (Prelimina ry Objection s, Merits,
23
20