78
IX
REPARATIONS
(Application of Article 63(1) of the American Convention)
255. Pursuant to the terms of Article 63(1) of the American Convention,296 the
Court has indicated that any violation of an international obligation that has caused
damage entails the duty to provide adequate reparation297 and that “this provision
reflects a common-law norm that is one of the fundamental principles of
contemporary international law regarding the responsibility of the State.”298
256. Furthermore, the Tribunal has established that the reparations must have a
causal link with the facts of the case, the alleged violations, the proven damages, as
well as with the measures requested to repair the respective damages. Therefore, the
Court must observe such concurrence in order to duly declare according to law.299
257. In consideration of the violations of the American Convention and the InterAmerican Convention to Prevent and Punish Torture so declared in the preceding
chapters, the Tribunal shall address the requests for reparations made by the
Commission and the representatives, as well as the State’s observations thereof, in
light of the criteria embodied in the Court’s jurisprudence in connection with the
nature and scope of the obligation to make reparations,300 in order to adopt the
measures required to redress the damage caused to the victim.
258. When ordering the measures of reparation in the instant case, the Court shall
take into account that Mr. Vélez Loor is not a national of nor resident of the State of
Panama and that, in light of his situation as arrested migrant, at the time of the
events, he was in a special situation of vulnerability (supra paras. 28, 132, and 207).
A.
Injured Party
259. This Tribunal considers as injured party, pursuant to Article 63(1) of the
Convention, the person who has been declared to be the victim of the violation of
some of the rights enshrined in the Convention. In the instant case, the victim is Mr.
Jesus Tranquilino Vélez Loor, who shall be considered to be the beneficiary of the
reparations ordered by this Tribunal.
B.
Measures of rehabilitation, satisfaction, duty to investigate, and
guarantees of non-repetition
260. The Commission considered it was relevant for the Tribunal to order the
Panamanian State to implement measures of satisfaction and rehabilitation. It
296
Article 63(1) of the Convention provides that “[I]f 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".
297
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25; Case of Ibsen Cárdenas and Ibsen Peña, supra note 28, para. 231, and Case of
Rosendo Cantú et al., supra note 27, para. 203.
298
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 62; Case of Ibsen Cárdenas and Ibsen Peña, supra note
28, para. 231, and Case of Rosendo Cantú et al., supra note 27, para. 203.
299
Cf. Case of Ticona Estrada v. Bolivia. Merits, Reparations, and Costs. Judgment of November 27,
2008. Series C No. 191, para. 110; Case of Ibsen Cárdenas and Ibsen Peña, supra note 28, para. 262, and
Case of Rosendo Cantú et al., supra note 27, para. 204.
300
Cf. Case of Velásquez Rodríguez, supra note 297, paras. 25 a 27; Case of Garrido and Baigorria,
supra note 198, para. 43, and Case of the “White Van” (Paniagua Morales et al.), supra note 48, paras. 76
a 79.
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