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 detriment 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 /'Usine de Chorzow (The Factory
at Chorzéw), 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
probability, have existed if that act had not been committed*.2? 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 richer
or poorer and they should be proportionate to the violations declared in the judgment”.*°
22 PClJ: The Factory at Chorzéw, (Merits), Judgment of 13 September 1928, Seriess A, No, 17, p. 47.
23 1ACHR: Goiburd and Others v. Paraguay, (Merits, Reparations and Costs), Judgment of 22 September
2006, para. 143; “Reparation consists 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 richer or poorer
and they should be proportionate to the violations declared in the judgment.” See also: Idem: Castillo Paez v. Peru (Reparations and Costs) Judgment of 27 November 1998, para 51; IACHR “Enfants de la
rue” (Villagran-Morales and Others) v. Guatemala (Reparations and Costs), Judgment of 26 May 2001,
para 63; Idem: Gonzales and Others (“Cotton Field") v, Mexico (Preliminary Objections, Merits, Reparations
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