determine measure to ensure the rights that have been violated and to repair the consequences of
such violations.212 Therefore, the Court has found it necessary to grant different measures of
reparation in order to redress the harm integrally; thus, in addition to pecuniary compensation,
measures of restitution, rehabilitation and satisfaction, and guarantees of non-repetition have special
relevance for the harm caused.213
127. The Court has established that the reparations must have a causal nexus to the facts of the
case, the violations declared, the harm proved, and the measures requested to redress the respective
harm. Therefore, the Court must observe this concurrence to rule appropriately and pursuant to
law.214
128. Taking into account the violations of the American Convention declared in the preceding
chapters, in light of the criteria established in the Court’s case law concerning the nature and scope
of the obligation to make reparation, 215 the Court will examine the claims submitted by the
Commission and the representatives, together with the corresponding arguments of the State, in
order to establish measures to redress those violations.
A. Reparations granted in the context of the procedure before the Commission
129. First, it should be underlined that, on December 18, 2007, in the context of the processing of
this case before the Inter-American Commission, the representatives and the State signed a friendly
settlement agreement.216 This agreement was supplemented with an addendum on April 14, 2008.217
In the agreement, the State acknowledged that, on April 29, 1982, a military command from the
detachments located in the community of Palestina went to Los Josefinos and laid siege to it,
preventing anyone from leaving the village. The State also acknowledged that, around midnight, the
military command stormed the village, killed those who were on watch, as well as inhabitants, and
set fire to the homes.218 Consequently, the State undertook to grant financial reparation for pecuniary
and non-pecuniary damage, to organize a public act to acknowledge international responsibility in
the village of Los Josefinos,219 and to continue investigating the case. It also undertook to restore a
monument erected by FAMDEGUA at the place where the mass grave was found, to place a
commemorative plaque at the place where the bodies of 10 of the victims were found, to take the
pertinent steps to set up a health center in Los Josefinos, and to construct a meditation chapel to
honor the memory of the victims, and also a multipurpose hall, and a “primary school,” and also to
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 2, and Case of Cuya Lavy
et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of September 28, 2021. Series C No. 438, para.
186.
212
Cf. Case of the Las Dos Erres Massacre v. Guatemala, supra, para. 226, and Case of Vicky Hernández et al. v.
Honduras. Merits, reparations and costs. Judgment of March 26, 2021. Series C No. 422, para. 145.
213
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008. Series C No.
191, para. 110, and Case of Cuya Lavy et al. v. Peru, supra, para. 187.
214
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case of Manuela
et al. v. El Salvador, supra, para. 269.
215
Cf. Friendly settlement agreement, Massacre of the village of “Los Josefinos,” Petition 1139/04 of December 18, 2007
(evidence file, folio 2439).
216
Cf. Addendum of April 14, 2008, to the Friendly settlement agreement of December 18, 2007 (evidence file, folios
2415 to 2417).
217
Cf. Friendly settlement agreement, Massacre of the village of “Los Josefinos,” Petition 1139/04 of December 18, 2007
(evidence file, folio 2439).
218
During this act, the State acknowledged its international responsibility for the violations of Articles 4, 5, 8, 25, 17,
19, in relation to Article 1(1). Cf. Friendly settlement agreement, Massacre of the village of “Los Josefinos,” Petition 1139/04
of December 18, 2007 (evidence file, folio 2441.)
219
40