126
As the expert witnesses, Rodrigo Uprimny and Torres Corredor correctly stated
(supra para. 111(d)(1) and 111(d)(2)), the judgment of a judicial authority in the
administrative jurisdiction rules on the fact that an unlawful damage has been
produced and not on the State’s responsibility for failing to comply with human rights
standards and obligations. As regards the scope of the judgment, the sole means of
reparation the administrative jurisdiction can order when the damage has been
proved is financial compensation.
342. Both expert witnesses who appeared before the Court emphasized the
constraints of the administrative proceedings owing to procedural delays and
congestion. The expert witness proposed by the State indicated that, in first
instance, the proceedings could take an average of three to five years and, in second
instance, four to eight years (supra para. 111(e)(1)). Other limits to genuine access
to justice in the case of the action for direct reparation are that it has to be
presented by a lawyer, it extinguishes inevitably after two years, and the lack of
administrative courts in all geographical areas of the country.
343. In this case, however, the Court appreciates the importance of some of the
results achieved by the administrative proceedings, which include several elements
relating to reparations for pecuniary and non-pecuniary damage, and it will take this
into account when establishing the pertinent reparations, on condition that the
judgments in these proceedings are considered res judicata and that they are
reasonable in view of the circumstances of the case.
*
*
*
344. The Court concludes that the domestic proceedings and procedures have not
constituted effective recourses to ensure access to justice and to the whole truth
about the facts, or the investigation and punishment of those responsible, and the
reparation of the consequences of the violations. Consequently, the State is
responsible for the violation of Articles 8(1) and 25 of the Convention, in relation to
Article 1(1) thereof, to the detriment of all those whose rights were violated, and
who were not ensured full access to justice, and who are indicated in paragraphs 72,
138, 168, 200, 235, 248, 265, 269, 276 and 279 of this judgment.
XVI
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION
OBLIGATION TO REPAIR
345. Pursuant to the State’s acknowledgement of responsibility (supra para. 19,
59, 63 and 64), and also the findings on merits described in the preceding chapters,
the Court has declared the violation of Articles 4(1), 5(1) and 5(2), 6(2), 7(1) and
7(2), 8(1), 11(2), 19, 21, 22(1) and 25 of the American Convention, all in relation to
Article 1(1) thereof. The Court has indicated repeatedly that any violation of an
international obligation that has produced damage entails the obligation to repair it
adequately.256 To this end, Article 63(1) of the American Convention establishes
that:
256
Cf. Case of Baldeón García, supra note 5, para. 174; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 195; and Case of Acevedo Jaramillo et al., supra note 12, para. 294.
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