considered whether they “are objective, reasonable and effective.” 118 Specifically referring to Chile's
administrative reparation program, in the Almonacid Arellano et al. v. Chile case, the Court states that "it
makes a positive assessment of the policy of reparation of human rights violations advanced by the State."119
97.
Now, beyond that generic acknowledgment that has no concrete legal consequences in the
aforementioned case, subsequently, in the case of García Lucero et al. v. Chile, the Inter-American Court noted
that:
(...) the existence of administrative programs of reparation must be compatible with the
State’s obligations under the American Convention and other international norms and,
therefore, it cannot lead to a breach of the State’s duty to ensure the “free and full exercise”
of the rights to judicial guarantees and protection, in keeping with Articles 1(1), 25(1) and
8(1) of the Convention, respectively. In other words, the administrative reparation
programs and other measures or actions of a legal or other nature that co-exist with such
programs, cannot result in an obstruction of the possibility of the victims, pursuant to the
rights to judicial guarantees and protection, filing actions to claim reparations.120
98.
As the Court states in the same case, according to treaty-based rights, the establishment of
domestic administrative or collective reparation programs does not prevent the victims from filing actions to
claim measures of reparation.121
99.
In a similar vein, the Commission has pronounced on the existence of different ways of
making reparation to victims in situations involving grave violations of human rights. On this, the IACHR has
indicated that in its view, "the adoption of an administrative reparations program ought not to preclude other
judicial avenues to access comprehensive reparations, and victims should be able to choose the avenue that
they consider best to ensure, in the end, that they receive reparations. The IACHR is of the view that the State
could establish and put into operation the proper institutional mechanisms to observe victims’ right to have
recourse to various avenues of reparations, without risk to the public purse." 122
100.
Referring to the relationship between both types of reparation in reference to the Colombian
case, the Commission pointed out that:
[...] the administrative reparations proceeding ought not to preclude a contentiousadministrative legal action that seeks to establish the legal responsibility of the State, nor
should it involve abandonment of the action for reparations under the Justice and Peace Law.
Accordingly, victims’ right to bring legal action in the contentious-administrative forum to
determine the responsibility of the State for gross violations committed by paramilitary
ought to be preserved, as has been the finding in precedents of the Council of State. In
addition, the State could always include in the award the compensation it would pay under
the administrative reparations program. 123
118 I/A Court HR. Case of García Lucero et al. v. Chile. Preliminary Objection, Merits and Reparations. Judgment of August 28,
2013. Series C No. 267 par. 189. Citing I/A Court HR. Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 24, 2010. Series C No. 219, par. 303.
119 I/A Court HR. Case of Almonacid-Arellano et al. v. Chile. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
September 26, 2006. Series C No. 154, par. 161.
120 I/A Court HR. Case of García Lucero et al. v. Chile. Preliminary Objection, Merits and Reparations. Judgment of August 28,
2013. Series C No. 267, par. 190.
121 I/A Court HR. Case of García Lucero et al. v. Chile. Preliminary Objection, Merits and Reparations. Judgment of August 28,
2013. Series C No. 267, par. 192.
122
5.
IACHR. Principal Guidelines for a Comprehensive Reparations Policy, OEA/Ser/L/V/II.131, Doc. 1, February 19, 2008, par.
123 IACHR. Principal Guidelines for a Comprehensive Reparations Policy. February 19, 2008. par. 7. Available at:
http://www.cidh.org/pdf%20files/Lineamientos%20principales%20para%20una%20pol%C3%ADtica%20integral%20de%20reparaci
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