109
Considerations of the Court
232. Based on the statements in the chapters above, the Court has found that the
State is responsible for the violation of Articles 7, 8(1), 8(2), 8.(2)(b), 8(2)(c),
8(2)(d), 8(2)(f), 8(2)(g), 8(5), 13 and 25 of the Convention, all of them in
conjunction with Articles 2 and 1(1) thereof, and Article 21 of the Convention, in
relation to Article 1(1) thereof, to the detriment of Mr. Humberto Antonio PalamaraIribarne. In its case law, the Court has established that it is a principle of
international law that any violation of an international obligation that has produced
damage entails the obligation to repair it adequately.224 The Court has based such
statement on Article 63(1) of the American Convention, under which:
[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 party harmed.
Therefore, the Court will now analyze the measures required to be taken in order to
repair the damage caused to Mr. Humberto Antonio Palamara-Iribarne as a result of
the aforementioned violations of the Convention.
233. Article 63(1) of the American Convention reflects a rule of customary law that
is one of the fundamental principles of contemporary International Law on the
responsibility of States. Upon the occurrence of an internationally wrongful act
attributable to a State, the international liability of such State arises immediately,
with the consequent duty to make reparations and to have the consequences of the
violation remedied.225
234. The reparation of the damage caused by the breach of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists in restoring the previous status quo. Should this, as in the instant case, not
be feasible, the international court is to determine the measures to be ordered to
guarantee the exercise of the impaired rights, as well as to make reparations for the
consequences of the violations, ordering compensation for the damage caused.226
The responsible State may not rely on domestic law provisions to modify or fail to
comply with its obligation to provide reparation, all aspects of which (scope, nature,
methods and determination of the beneficiaries) are regulated by international
law.227
224
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 242; Case of Raxcacó-Reyes, supra note
1, para. 114, and Case of Gutiérrez-Soler, supra note 1, para. 61.
225
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 243; Case of Raxcacó-Reyes, supra note
1, para. 114, and Case of Gutiérrez-Soler, supra note 1, para. 62.
226
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 244; Case of Raxcacó-Reyes, supra note
1, para. 115, and Case of Gutiérrez-Soler, supra note 1, para. 63.
227
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 244; Case of Raxcacó-Reyes, supra note
1, para. 115, and Case of Gutiérrez-Soler, supra note 1, para. 63.
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