the duty to provide a proper reparation,281 and that this provision "reflects a customary
law which is one of the fundamental principles of contemporary international law on State
responsibility."282
208. In the present case, the State requested –in a general manner- that “the
application filed by the Inter-American Commission be deemed unfounded […], as well as
the requests for reparations and costs, contained therein.” Nevertheless, in consideration
of the violations of the American Convention declared in the prior sections, the Court will
analyze the pretensions presented by the Commission and the representatives, as well as
the positions of the State ad cautela, in light of the standards established in the
jurisprudence of the Court in relation to the nature and scope of the obligation to repair,
in order to provide the measures necessary to repair the harm caused to the victim.
209. The reparation of the damage caused by a violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists in
restoring the situation that existed before the violation occurred. When this is not
possible, as in the majority of the cases, among them the present one, it is the task of
the Tribunal to order the adoption of a series of measures that, besides guaranteeing
respect for the rights violated, will ensure that the damage resulting from the infractions
is repaired, as well as establish payment of an indemnity as compensation for the harm
caused. 283 Therefore, the Court has considered the need to provide for different
remedies, in order to compensate the damages in a comprehensive manner, to which, in
addition to financial compensation, measures of restitution, satisfaction and guarantees
of non-repetition are especially relevant for the damage caused. 284
210. This Court has established that the reparations must have a causal connection
with the facts of the case, the violations declared, the harm proven, as well as with the
measures requested to repair the damage. Therefore, the Court must observe this in
order to rule properly and pursuant to the law. 285
A.
Injured Party
211. The Court reiterates that it considers an injured party, in the terms of Article
63(1) of the American Convention, a person declared a victim of the violation of the
was violated. It shall also, if appropriate, order reparation for the consequences of the measure or situation that
constituted the breach of such rights and the payment of just compensation to the injured party. "
281
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25; Case of Chocrón Chocrón, supra note 13, para. 143, and Case of Mejía Idrovo, supra
note 15, para. 126..
282
Case of the “Street Children” (Villagrán Morales et al) V. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 62; Case of Salvador Chiriboga V. Ecuador, para. 32, and Case of Abrill
Alosilla et al. V. Perú, para. 86. Series C No. 77, para. 62; Case of Chocrón Chocrón, supra note 13, para. 143,
and Case of Mejía Idrovo, supra note 15, para. 126.
283
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs, supra note 281, para. 26; Case
of Chocrón Chocrón, supra note 13, para. 145, and Case of Mejía Idrovo, supra note 15, para. 128.
284
Cf. Case of “Mapiripán Massacre” V. Colombia. Preliminary Objections, supra note 20, para. 294; Case
of “Dos Erres Massacre” V. Guatemala. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 24, 2009. Series C No. 211, para. 226, and Case of Chocrón Chocrón, supra note 13, para. 145.
285
Cf. Case of Baldeón García V. Perú. Merits, Reparations, and Costs. Judgment of April 6, 2006. Series
C No. 183; Case of Chocrón Chocrón, supra note 13, para. 146, and Case of Mejía Idrovo, supra note 15, para.
129.
78
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