73
application, the Inter-American Court will not examine them and will not make any
further observations in this regard.
XI
REPARATIONS
(Application of Article 63(1) of the Convention235)
220. 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
produced harm entails the obligation to repair it adequately236 and that this
provision “embodies a customary norm that constitutes one of the fundamental
principles of contemporary international law on State responsibility.”237
221. This Court has established that reparations must be related to the facts of
the case, the violations that have been declared, the damage proven, and the
measures requested to repair the respective damage. Consequently, the Court
must respect all these factors to ensure that its ruling is appropriate and in keeping
with the law.238
222. The Court will proceed to examine the claims submitted by the Commission
and the representatives, together with the State’s arguments, so as to order
measures designed to repair the damage caused to the victims. Regarding the
State’s arguments, the Court observes that it presented specific arguments with
regard to only some of the requested measures of reparation. Otherwise, in
general, Mexico asked the Court to reject “any claim for reparation presented by
the [Commission] or the petitioners.” In addition, it asked that any measures
ordered “should be designed to repair the violation committed and not to make the
victims more rich or provide double reparation,” and that any reparations should be
those “that can be required under international law and [the Court’s]
jurisprudence.” Lastly, it asked that the public policy measures implemented by the
State be considered guarantees of non-repetition.
223. The Court recalls that the victim in the present case is an indigenous
woman, in a particularly vulnerable situation, and this will be taken into account in
the reparations awarded in this Judgment. Furthermore, the Court finds that the
obligation to make reparation to a victim belonging to an indigenous or tribal
community may call for measures that encompass the community239 (infra paras.
243, 244, and 267 to 270).
235
Article 63(1) of the American Convention states:
1. If 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.
236
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21,
1989. Series C No. 7, para. 25; Case of Chitay Nech et al., supra note 18, para. 227, and Case of
Manuel Cepeda Vargas, supra note 18, para. 211.
237
Cf. Case of Castillo Páez v. Perú. Reparations and Costs. Judgment of November 27, 1998.
Series C No. 43, para. 43; Case of Chitay Nech et al., supra note 18, para. 227, and Case of Manuel
Cepeda Vargas, supra note 18, para. 211.
238
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations, and Costs. Judgment of
November 27, 2008. Series C No. 191, para. 110; Case of Radilla Pacheco, supra note 33, para. 362,
and Case of the Dos Erres Massacre, supra note 20, para. 227.
239
Cf. Aloeboetoe et al. v. Suriname. Reparations and costs. Judgment of September 10, 1993.
Series C. No. 15, paras. 96 and 97; Case of the Plan de Sánchez Massacre v. Guatemala. Reparations
and Costs. Judgment of November 19, 2004. Series C No. 116, para. 86, and Case of the Moiwana
Community v. Suriname. Preliminary Objections, Merits, Reparations, and Costs. Judgment of June 15,
2005. Series C No. 124, para. 194.
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