instant case to be truly effective, the State should have adopted the necessary measures to ensure
compliance.334
276. Lastly, while it is reasonable to consider that the precautionary measure ordered by the First
Civil Judge was temporary, until the competent Judge had taken a final decision on the application
for amparo, it is not possible to conclude that the obligatory nature of this measure had
extinguished because the remedy was inconclusive; particularly, if the ineffectiveness of the amparo
was due, as was demonstrated, to the negligence of the judicial authorities themselves.
Consequently, the obligation to comply with the precautionary measures ordered by the State’s
judicial authority extended throughout the period during which the presumed risk to the rights of the
complainants remained.
277. Furthermore, although the judicial authorities did not issue an order or final decision on the
admissibility of the application for amparo, they ordered a precautionary measure in order to
safeguard the effectiveness of an eventual final decision. Therefore, the State had the obligation to
ensure compliance with said decision under the provisions of Article 25(2)(c) of the Convention.
278. Based on the foregoing considerations, the Court finds that the State did not guarantee an
effective remedy to redress the juridical situation violated, and did not ensure that the appropriate
competent authority ruled on the rights of the persons who filed the remedy, or that the decisions
were executed through effective judicial protections, in violation of Articles 8(1), 25(1), 25(2)(a),
and 25(2)(c) of the American Convention, in relation to Article 1(1) thereof, to the detriment of the
Sarayaku People.
IX
REPARATIONS
(Application of Article 63(1) of the American Convention) 335
279. Based on the provisions of Article 63(1) of the Convention, the Court has indicated that any
violation of an international obligation that has caused damage entails the duty to provide adequate
reparation,336 and that this provision “reflects a customary norm that constitutes one of the
fundamental principles of contemporary international law on State responsibility.”337
280. The reparation of the damage caused by the violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists of re-establishing the
situation that existed prior to the violation. When this is not possible, as in most cases involving
human rights violations, the Court will order measures to guarantee the rights that have been
violated and to make reparation for the consequences of the violations.338 Thus, the Court has
considered the need to order diverse measures of reparation in order to redress fully the damage
334
Cf., mutatis mutandi, Case of Acevedo uendía et al. (“Dismissed and Retired Employees of the Office of the
Comptroller”) v. Peru. Preliminary objection, merits, reparations and costs. Judgment of July 1, 2009. Series C No. 198, para.
75.
335
Article 63(1) of the American Convention states: “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.”
336
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7,
para. 25; and Case of Forneron and daughter v. Argentina. Merits, reparations and costs. Judgment of April 27, 2012. Series
C No. 242, para. 145.
337
Cf. Case of Castillo Páez v. Peru. Reparations and costs. Judgment of November 27, 1998. Series C No. 43, para. 50,
and Case of Forneron and daughter v. Argentina, para. 145.
338
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 26 and Case of Forneron and daughter v.
Argentina, para. 157.
77
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