one of the fundamental principles of contemporary international law on State
responsibility. 485 In this case, the Court has considered it necessary to award different
measures of reparation in order to ensure the violated rights and to redress the harm
integrally.
445. It should be noted that this Court has established that reparations should have a
causal nexus with the facts of the case, the violations declared, the harm proved, and the
measures requested to repair the respective harm. Therefore, the Court will observe the
concurrence of these factors to rule correctly and pursuant to law. 486
446. In light of the foregoing considerations on the merits of the case and the violations of
the American Convention declared in Chapters VIII, IX and X, the Court will proceed to
analyze the claims presented by the Commission and the representatives, as well as the
arguments of the State, in light of the criteria established in its case law with regard to
the nature and scope of the obligation to make reparation, in order to establish measures
aimed at redressing the harm caused to the victims. 487
A) Injured party
447. The Court reiterates that, in the terms of Article 63(1) of the Convention, those who
have been declared victims of the violation of any right recognized in this instrument are
considered to be the injured party. Therefore, the Court considers that the “injured party”
are: Willian Medina Ferreras, Lilia Jean Pierre, Luis Ney Medina, Awilda Medina, Carolina
Isabel Medina, Jeanty Fils-Aimé, Janise Midi, Antonio Fils-Aimé Midi, Diane Fils-Aimé Midi,
Endry Fils-Aimé Midi, Victor Jean, Marlene Mesidor, Markenson Jean, Victoria Jean, Miguel
Jean, Natalie Jean, Antonio Sensión, Ana Virginia Nolasco, Reyita Antonia Sensión, Ana
Lidia Sensión, Rafaelito Pérez Charles, Bersson Gelin and William Gelin, and, as victims of
the violations declared in Chapters VIII, IX and X, they will be considered beneficiaries of
the reparations ordered by the Court.
B) Measures of integral reparation: restitution, satisfaction, and guarantees
of non-repetition
448. International case law, and in particular that of the Court, has established repeatedly
that the judgment constitutes per se a form of reparation. 488 Nevertheless, considering
the circumstances of the case and the harm to the victims arising from the violations of
the American Convention that have declared to their detriment, the Court finds it
pertinent to decide the following measures of reparation.
B.1. Measures of restitution
485
Cf. Case of Velásquez Rodríguez v. Honduras. reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous
People) v. Chile, para. 412.
486
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 191, para. 110, and Case of Norín Catrimán et al. (Leaders, members and activist of the
Mapuche Indigenous People) v. Chile, para. 414.
487
Cf. Case of Velásquez Rodríguez v. Honduras. reparations and costs, paras. 25 to 27, and Case of Norín
Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous People) v. Chile, para. 415.
488
Cf. Case of Neira Alegría et al. v. Peru. reparations and costs. Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous
People) v. Chile, para. 394.
141
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