8
21 and Factory at Chorzów, Merits, Judgment No. 13, 1928, P.C.I.J., Series A, No. 17, p. 29;
Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion,
I.C.J. Reports 1949, p. 184).
24.
Reparation of harm brought about by the violation of an international obligation consists in
full restitution (restitutio in integrum), which includes the restoration of the prior situation, the
reparation of the consequences of the violation, and indemnification for patrimonial and nonpatrimonial damages, including emotional harm.
25.
As to emotional harm, the Court holds that indemnity may be awarded under international
law and, in particular, in the case of human rights violations. Indemnification must be based upon
the principles of equity.
26.
Indemnification for human rights violations is supported by international instruments of a
universal and regional character. The Human Rights Committee, created by the International
Covenant of Civil and Political Rights of the United Nations, has repeatedly called for, based on the
Optional Protocol, indemnification for the violation of human rights recognized in the Covenant
(see, for example, communications 4/1977; 6/1977; 11/1977; 132/1982; 138/1983; 147/1983;
161/1983; 188/1984; 194/1985; etc., Reports of the Human Rights Committee, United Nations).
The European Court of Human Rights has reached the same conclusion based upon Article 50 of
the Convention for the Protection of Human Rights and Fundamental Freedoms.
27.
Article 63 (1) of the American Convention provides as follows:
1.
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.
28.
This Article does not refer to or limit the ability to ensure the effectiveness of the means of
reparation available under the internal law of the State Party responsible for the violation, so it is
not limited by the defects, imperfections or deficiencies of national law, but functions
independently of it.
29.
This implies that, in order to fix the corresponding indemnity, the Court must rely upon the
American Convention and the applicable principles of international law.
V
30.
The Commission and the attorneys maintain that, in implementing the judgment, the Court
should order the Government to take some measures, such as the investigation of the facts
related to the involuntary disappearance of Saúl Godínez Cruz; the punishment of those
responsible; a public statement condemning the practice; the revindication of the victim, and
other similar measures.
31.
Measures of this type would constitute a part of the reparation of the consequences of the
violation of rights or freedoms and not a part of the indemnity, in accordance with Article 63 (1)
of the Convention.