45
111. In the light of the partial acknowledgment of responsibility made by the
State and pursuant to the considerations on the merits included in the preceding
chapters, the Court declared the violation of the rights enshrined in Articles 7 (Right
to Personal Liberty), 5 (Right to Humane Treatment) and 4 (Right to Life) of the
American Convention, in connection with Article 1(1) thereof, to the detriment of
Santiago Gomez-Palomino; the violation of the right protected by Article 5 (Right to
Humane Treatment) of the American Convention, in relation to Article 1(1) of said
Convention, to the detriment of Mrs. Victoria Margarita Palomino-Buitrón, Mrs.
Esmila Liliana Conislla-Cárdenas, Mrs. María Dolores Gómez-Palomino, Mrs. Luzmila
Sotelo-Palomino, Mr. Emiliano Palomino-Buitrón, Mrs. Mónica Palomino-Buitrón,
Mrs. Mercedes Palomino-Buitrón, Mrs. Rosa Palomino-Buitrón, Mrs. Margarita
Palomino-Buitrón and of the girl Ana María Gómez-Guevara, as well as the violation
of the rights enshrined in Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial
Protection) of the American Convention, in relation to Article 1(1) thereof, to the
detriment of Mr. Santiago Gómez-Palomino and his next of kin. Finally, the Court
declared the failure of Peru in complying with the duty established in Articles 2 of
the Convention and I (b) of the Inter-American Convention on Forced
Disappearance of Persons.
112. This Court has established that it is a principle of International Law that the
violation of an international obligation, attributable to the State, involves the
obligation to provide adequate reparations of the damage inflicted and to have the
consequences of the violation remedied.73 Pursuant to Article 63(1) of the American
Convention, wherein a rule of custom which is one of the fundamental tenets of
contemporary International Law on the responsibility of States is codified,
[i]f the Court finds that there has been a violation of a right or freedom protected by [the]
Convention, the Court shall rule that the party harmed 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 party harmed.
113. The reparation of the damage caused by the infringement of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists of the return to the state of affairs prior to the infringement. If this is not
feasible, as it happens in the majority of cases, the International Court shall
determine the measures to be ordered to protect the rights that were affected, as
well as to make reparations for the consequences the infringements brought about
and shall determine a compensation for the damage caused.74 It is necessary to add
the positive measures that the State must adopt to prevent repetition of the harmful
events such as those that occurred in the instant case.75 The obligation to provide
reparations, which is ruled in all its aspects (scope, nature, methods and
73
Cf. Case Raxcacó-Reyes, supra note 4, para. 114; Case Gutierrez-Soler, supra note 4, para. 61,
and Case Acosta Calderón, supra note 9, para. 145.
74
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 244; Case of Raxcacó-Reyes, supra
note 4, para. 115, and Case of Gutierrez-Soler, supra note 4, para. 63.
75
Cf. Case of Raxcacó-Reyes, supra note 4, para. 115; Case of Gutierrez-Soler, supra note 4,
para. 63, and Case of Acosta-Calderón, supra note 9, para. 147.
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