argued that it had not been negligent in the face of Mr. Gómez Virula’s disappearance and
subsequent death, and that both the National Police and the Public Prosecution Service had
taken the necessary steps to investigate what happened, fulfilling their duty to investigate in
relation to Mr. Gómez Virula’s family.
B.
Considerations of the Court
93. The Court notes that the arguments concerning the alleged violation of the right to
personal integrity of the family are based on the State’s supposed responsibility for Mr. Gómez
Virula’s disappearance and death and the failure to investigate the facts adequately. The
Court considers that the State does not bear international responsibility with regard to this
right – recognized in Article 5 of the American Convention – because the State’s participation
in the disappearance and death of Mr. Gómez Virula has not been proved and the failure to
investigate the events has been analyzed in the chapter on the violation of Articles 8(1) and
25(1) of the American Convention in which they were declared victims. Consequently, the Court
considers that the State did not violate the right to personal integrity of Antonio Gómez Areano
and Paula Virula Dionicio.
VIII
REPARATIONS
94. Based on the provisions of Article 63(1) of the American Convention, the Court has
indicated that any violation of an international obligation that has caused harm entails the
duty to repair this adequately and that this provision reflects a customary norm that
constitutes one of the fundamental principles of contemporary international law on State
responsibility.145 In addition, the Court has established that the reparations must have a causal
nexus with the facts of the case, the violations that have been declared, the damage proved
and the measures requested to redress the respective harm. 146 Therefore, the Court must
analyze the concurrence of these factors to rule correctly and pursuant to law.147
95. In its answering brief, the State indicated, in general, that “the State of Guatemala does
not consider it viable to attend to the claims for reparations proposed by the Inter-American
Commission on Human Rights” or those of the Centro para la Acción Legal en Derechos
Humanos.
96. Bearing in mind the arguments submitted, and without prejudice to any form of
reparation that is subsequently agreed upon by the State and the victims, and also based on
the considerations on the merits, as well as the violations of the Convention declared in this
judgment, the Court will proceed to examine the claims presented by the Commission and the
victims’ representatives, as well as the corresponding observations of the State, in light of the
criteria established in its case law on the nature and scope of the obligation to make reparation
in order to establish measures aimed at redressing the harm caused. 148
145
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No.
7, paras. 24 and 25, and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations and
costs. Judgment of October 10, 2019. Series C No. 384, para. 192.
Cf. Case of Ticona Estrada et al. v. Bolivia, Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations
and costs. Judgment of October 10, 2019. Series C No. 384, para. 194.
146
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations
and costs. Judgment of October 10, 2019. Series C No. 384, para. 194.
147
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No.
7, paras. 25 and 26, and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations and
costs. Judgment of October 10, 2019. Series C No. 384, para. 195.
148
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