the arguments of the State, in light of the criteria established in its case law regarding the
nature and scope of the obligation to make reparation. 647
A.
Injured party
470. The Court reiterates that under Article 63(1) of the Convention, it considers as injured
party anyone who has been declared a victim of the violation of any right recognized
therein. 648 Therefore, this Court considers Jorge Martínez Meléndez as injured party.
Consequently, the Court will only refer to the arguments made on his behalf.
B.
Comprehensive measures of reparation
B.1. Satisfaction
B.1.1 Publication of the judgment
B.1.1.1 Arguments of the Commission and the parties
471.
The Commission did not request measures of satisfaction.
472. The common interveners Factum Consorcio asked the Court to order the State to
issue a statement in which it accepts and declares its responsibility for the violations of human
rights and judicial guarantees in relation to the victim Jorge Alberto Martínez Meléndez. 649
473. In general terms, the State asked the Court to reject all claims for reparation made
by the alleged victim.
B.1.1.2. Considerations of the Court
474. With respect to the request made by the common interveners Factum Consorcio, the
Court does not consider it necessary to order a “declaration” of responsibility on the part of
the State. In this regard, international jurisprudence has established that the judgment
constitutes per se a form of reparation. 650 Nevertheless, as it has done in other cases, 651 the
Court finds it pertinent to order the State to make the following publications within six months
of notification of this judgment: a) the official summary of this judgment prepared by the
Court, to be published in the Official Gazette, in a legible and adequate font size, and b) this
judgment in its entirety, to be made available for at least one year on an official web site of
the State.
475. The State shall immediately inform this Court once it has made each of the publications
ordered, regardless of the one-year term to submit its first report provided for in twentyfourth operative paragraph of this judgment.
647
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case
of the Xucuru Indigenous People and its members v. Brazil, supra, para. 185.
648
Cf. Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11,
2007. Series C No. 163, para. 233, and Case of the Xucuru Indigenous People and its members v. Brazil, supra,
para. 187.
649
In their final written arguments they requested, extemporaneously, the publication of the official
summary of the judgment in the Official Gazette and in a daily newspaper and the publication of the judgment for
one year on the web site of the Costa Rican Legal Information System (SINALEVI).
650
Cf. Case of El Amparo v. Venezuela. Reparations and costs. Judgment of September 14, 1996. Series C No.
28, para. 35, and Case of the Xucuru Indigenous People and its members v. Brazil, supra, para. 197.
651
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C
No. 88, para. 79, and Case of the Xucuru Indigenous People and its members v. Brazil, supra, para. 199.
142
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