63
IX
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION
Obligation to Repair
137. In accordance with the content of the preceding chapters, the Court has found
that, in this case, the rights established in Articles 9 and 5 of the American
Convention, in relation to Article 1(1) thereof, and in Articles 7 and 8 of the
Convention, in relation to Articles 9 and 1(1) thereof, have been violated to the
detriment of María Teresa De La Cruz Flores, and Article 5 of the Convention, in
relation to Article 1(1) thereof, has been violated to the detriment of Danilo and Ana
Teresa Blanco De La Cruz, the victim’s children; Alcira Domitila Flores Rosas widow
of De La Cruz, the victim’s mother; and Alcira Isabel, Celso Fernando and Jorge
Alfonso De La Cruz Flores, the victim’s siblings.
138. On many occasions this Court has stated that it is a principle of international
law that any violation of an international obligation that has caused harm, gives rise
to an obligation to provide adequate reparation for this harm.118 To this end, the
Court has based itself on Article 63(1) of the American Convention, according to
which:
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.
139.
As the Court has indicated, Article 63(1) of the American Convention contains
a norm of customary law that is one of the fundamental principles of contemporary
international law on State responsibility. When an unlawful act occurs, which can be
attributed to a State, this gives rise immediately to its international responsibility for
violating the international norm, with the consequent obligation to cause the
consequences of the violation to cease and to repair the damage caused.119
140.
Whenever possible, reparation of the damage caused by the violation of an
international obligation requires full restitution (restitutio in integrum), which consists
in the re-establishment of the previous situation. If this is not possible, as in the
instant case, the international Court must determine a series of measures to ensure
that, in addition to guaranteeing respect for the violated rights, the consequences of
the violations are remedied and compensation paid for the damage caused.120 It is
also necessary to add any positive measures the Stat must adopt to ensure that
harmful acts, such as that occurred in the instant case, are not repeated.121 The
118
Cf. Case of the “Juvenile Reeducation Institute”, supra note 1, para. 257; Case of Ricardo
Canese, supra note 1, para. 192; and Case of the Gómez Paquiyauri brothers, supra note 27, para. 187.
119
Cf. Case of Tibi, supra note 27, para. 223; Case of the “Juvenile Reeducation Institute”, supra
note 1, para. 258; and Case of Ricardo Canese, supra note 1, para. 193.
120
Cf. Case of Tibi, supra note 1, para. 224; Case of the “Juvenile Reeducation Institute”, supra note
1, para. 259; and Case of Ricardo Canese, supra note 1, para. 194.
121
Cf. Case of the “Juvenile Reeducation Institute”, supra note 1, para. 260; Case of Ricardo
Canese, supra note 1, para. 195; and Case of the Gómez Paquiyauri brothers, supra note 27, para. 189.
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