surviving victims and the next of kin of the victims who were executed in this case, in their
respective circumstances.
IX
REPARATIONS
(Application of Article 63(1) of the American Convention)
302. Based on the provisions of Article 63(1) of the American Convention,486 the Court has
indicated that any violation of an international obligation that has produced damage entails the
obligation to provide adequate reparation487 and that this provision reflects a customary norm
that constitutes one of the fundamental principles of contemporary international law on State
responsibility.488
303. Taking into consideration the violations of the American Convention, the Inter-American
Convention to Prevent and Punish Torture, and the Inter-American Convention for the
Prevention, Punishment and Eradication of Violence against Women “Convention of Belém do
Pará” declared in this Judgment, the Court will proceed to analyze the claims presented by the
Commission and the representatives, as well as the arguments of the State, in light of the
criteria established in the Court’s case law regarding the nature and scope of the obligation to
repair,489 in order to establish measures designed to repair the damage caused to the victims.
304. This Court has established that the reparations must have a causal nexus to the facts of
the case, the violations declared, the damage proved, and the measures requested to repair the
respective damage. Therefore, the Court must observe the concurrence of these elements in
order to rule appropriately and in accordance with the law.490
305. Before this, the Court finds it pertinent to reiterate that the denial of justice to the
detriment of the victims of grave human rights violations, such as a massacre, results in a
variety of impacts in both the individual and the collective spheres. 491 Thus, it is evident that the
victims of prolonged impunity suffer different adverse effects owing to the search for justice, not
only of a pecuniary nature, but also sufferings and damage of a psychological and physical
nature, and to their life project, as well as other possible alterations in their social relationships
and their families and community dynamics.492 This Court has indicated that this damage is
increased by the absence of support from the State authorities in the effective search for and
identification of the remains, and the impossibility of honoring their loved ones appropriately.493
Accordingly, the Court has considered the need to grant different measures of reparation, in
order to redress the damage fully; thus, in addition to pecuniary compensation, measures of
satisfaction, restitution and rehabilitation, and guarantees of non-repetition have special
relevance owing to the severity of the effects and the collective nature of the damage
486
Article 63(1) of the American Convention establishes that: “[i]f the Court finds that there has been a violation of a
right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that
constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party.”
487
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of Vélez Restrepo and family members v. Colombia, para. 253.
488
Cf. Case of Castillo Páez v. Peru. Reparations and costs. Judgment of November 27, 1998. Series C No. 43,
para. 50, and Case of Vélez Restrepo and family members v. Colombia, para. 253.
489
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, paras. 25 to 27, and Case of Vélez
Restrepo and family members v. Colombia, para. 257.
490
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 Vélez Restrepo and family members v. Colombia, para. 255.
491
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 226.
492
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 226.
493
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 226.
100
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