35
that he was killed. Even if there is a minimal margin of doubt in this respect, it must be
presumed that his fate was decided by authorities who systematically executed detainees without
trial and concealed their bodies in order to avoid punishment. This, together with the failure to
investigate, is a violation by Honduras of a legal duty under Article 1 (1) of the Convention to
ensure the rights recognized by Article 4 (1). That duty is to ensure every person subject to its
jurisdiction the inviolability of the right to life and the right not to have one's life taken arbitrarily.
These rights imply an obligation on the part of States Parties to take reasonable steps to prevent
situations that could result in the violation of that right.
XII
199.
Article 63 (1) of the Convention provides:
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.
Clearly, in the instant case the Court cannot order that the victim be guaranteed the enjoyment
of the rights or freedoms violated. The Court, however, can rule that the consequences of the
breach of the rights be remedied and that just compensation be paid.
200. During this proceeding the Commission requested the payment of compensation, but did
not offer evidence regarding the amount of damages or the manner of payment. Neither did the
parties discuss these matters.
201. The Court shall fix, after hearing the interested parties, the amount of the compensation in
execution of this judgment and, therefore, retains jurisdiction in the case, unless the parties reach
an agreement in the interim. The Court reserves the right to approve any such agreement.
XIII
202. With no pleading to support an award of costs, it is not proper for the Court to rule on
them (Art. 45 (1), Rules of Procedure).
XIV
203.
THEREFORE, THE COURT:
Unanimously