92 on both the pecuniary and non-pecuniary damages caused. The reparations cannot imply enrichment or detriment for the victims or their successors.231 199. Pursuant to the evidence gathered during the proceeding, and in the light of foregoing criteria, the Court proceeds to analyze the relief sought by the Commission and by the representatives, as well as the considerations of the State in respect of the reparations, with the purpose of determining, in the first place, who the beneficiaries of the reparations are, in order to subsequently determine the reparations for the pecuniary and non-pecuniary damages, and lastly, of determing the costs and expenses. 200. The Court will now summarize the arguments regarding the reparations filed by the Inter-American Commission, by the representatives and by the State. Allegations by the Commission 201. As regards to reparations, the Commission alleged that: Regarding the beneficiaries a) The persons entitled to receive reparation are the indigenous Sawhoyamaxa Community and its members. The violations have been in detriment of an Indigenous Community that, due to its cultural identity, must be considered from a collective and an individual standpoint; b) the reparations in the instant case reach a special dimension due to the collective nature of the rights that the State has violated, in detriment of the Community and its members. Action by the State, contrary to international law, has affected not only the victims as individuals, but the existence of the Community itself; Regarding the pecuniary damages c) the Court must determine in equity the amount to compensate the consequential damages and loss of earnings suffered by the members of the Indigenous Sawhoyamaxa Community due to the violations of their human rights; Regarding the non-pecuniary damages d) the State must pay an amount in equity as compensation for the nonpecuniary damages caused to the victims in the instant case “by the suffering, anguish, and indignities to which they have been subjected during those years in which they had been waiting for an effective response to their territorial claims;” e) the Sawhoyamaxa Community fabric has been especially affected by the death of several of its members as a consequence of the deplorable living conditions in which it dwells; 231 Cf. Case of Acevedo-Jaramillo et al, supra note 3, para. 297; López- Álvarez Case, supra note 3, para. 181, and Case of the Pueblo Bello Massacre, supra note 3, para. 229.

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