entails the obligation to make adequate reparation. This provision reflects a customary
norm that constitutes one of the fundamental principles of contemporary international Law
on State responsibility.321
214. In consideration of the violations of the Convention declared in the preceding
chapters, the Court will proceed to analyze the claims submitted by the Commission and the
representatives, in light of the criteria established in its case law in relation to the nature
and scope of the obligation to make reparation, in order to decide on the measures intended
to redress the damage caused to the victims.322
215. Given that the Court has established that reparations should have a causal nexus
with the facts of the case, the violations declared, the damage proved and the measures
requested to redress the respective damage, it must observe this correspondence in order
to rule appropriately and according to law.323
A.
Injured Party
216. The Court reiterates that, under Article 63(1) of the Convention, anyone who has
been declared a victim of the violation of any rights established in the Convention shall be
considered an injured party.324 Therefore, the Court considers as “injured party” Carlos Luna
López and his family members Mariana Lubina López, Rosa Margarita Valle Hernández,
Carlos Antonio Luna Valle, Lubina Mariana Luna Valle, César Augusto Luna Valle, Allan
Miguel Luna Valle, José Fredy Luna Valle and Roger Herminio Luna Valle. As victims of the
violations declared in this Judgment, they will be considered as the beneficiaries of the
Court-ordered reparations.
B.
Obligation to investigate the facts
appropriate, sanction those responsible
and
identify,
judge,
and
where
B. 1.
Request for investigation, resolution, prosecution and possible
punishment for all of those materially and intellectually responsible
217. Both the Commission and the representatives asked the Court to order the State to
expeditiously undertake a complete, impartial and effective judicial investigation for the
purpose of clarifying the circumstances that led to the murder of Mr. Luna López and to
identify all the material and intellectual authors and other participants involved in order to
judge and punish them. They also asked the Court to require the State to order, in a
thorough and effective manner, the appropriate administrative, disciplinary or punitive
measures in response to the actions or omissions of the state officials who contributed to
the denial of justice and the partial impunity in this case. For its part, the State rejected the
claims for reparation requested by the Commission and the representatives, considering
there were no violations of Articles 4, 5(1), 8(1), 23 and 25 of the American Convention.
constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured
party.”
321
Cf. Case of Velásquez Rodríguez. Reparations and Costs. Judgment of July 21, 1989. Series C, No. 7, para.
25 and Case of Suárez Peralta, supra, para. 161.
322
Cf. Case of Velásquez Rodríguez. Reparations and Costs, supra, paras. 25 to 27 and Case of Suárez
Peralta, supra, para. 162.
323
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 Suárez Peralta, supra, para. 163.
324
Cf. Case of the Massacre of La Rochela, supra, para. 233 and Case of Suárez Peralta, supra, para. 165.
65
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