26
reasonable time.67 The principle of proportionality implies, also, a rational
relationship between the precautionary measure and the purpose sought, so that the
sacrifice inherent in the restriction of the right to liberty is not exaggerated or
excessive compared to the advantages obtained from this restriction and the
achievement of the purpose sought.68
123. Based on the foregoing, the Court declares that the State violated Articles
7(5) and 8(2) of the American Convention, insofar as the pre-trial detention of Mr.
Barreto Leiva exceeded the temporal, reasonable and proportional limits to which it
should have been subjected. All of the above entailed, in addition, the violation of
the right to personal liberty, embodied in Article 7(1) of the Convention, in relation to
Article 1(1) therein.
VII
REPARATIONS
124.
It is a principle of International Law that any violation of an international
obligation that has caused damage entails the duty to provide adequate reparation.69
The Court has based its decisions on this particular subject pursuant to the
provisions of Article 63(1) of the American Convention.70
125. In accordance with the above considerations on the merits and the violations
of the Convention declared to be such in the preceding chapters, as well as in the
light of the criteria embodied in the Court’s case-law in connection with the nature
and scope of the obligation to make reparations,71 the Court will now address the
requests for reparations made by the Commission and the representative, as well as
the State’s observations thereof, in order to adopt the measures required to redress
the damage.
1.
Injured Party
126. The Court considers that Mr. Barreto Leiva is the “injured party” in his
capacity of victim of the violations which have been proven to be committed to his
detriment, as a result of which he is entitled to the reparations as may be set by the
Tribunal.
127. In relation to the wife and daughters of Mr. Barreto Leiva, for whom the
representative requested compensation, the Court notes that the Commission did not
declare them as victims of any violation of the Convention in its Report on Merits and
that, in the application, the Commission identified Mr. Barreto Leiva as the only
67
Cf. Case of Bayarri V. Argentina, supra note 21, para. 74.
68
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. V. Ecuador, supra note 58, para. 93.
69
See 76; and Case of Perozo et al. V. Venezuela, supra note 6, para. 404, and Case of Kawas
Fernández V. Honduras, supra note 6, para. 156.
70
Article 63(1) of the Convention provides that:
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.
71
Cf. Case of Perozo et al. V. Venezuela, supra note 6, para. 406, and Case of Kawas Fernández V.
Honduras, supra note 6, para. 157.