146. This Court has established that the reparations must have a causal connection with
the facts of the case, the violations declared, the harm proved, and the measures requested
to repair the damage. Therefore, the Court must observe this concurrence in order to rule
appropriately and in keeping with the law.113
147. Taking into account the violations of the American Convention declared in this
Judgment, the Court will proceed to analyze the claims presented by the Commission and
by the representatives, as well as the arguments of the State, in light of the criteria
established in the Court’s case law concerning the nature and scope of the obligation to
make reparation, in order to establish the measures aimed at repairing the harm caused to
the victims.
A. Injured Party
148. In the terms of Article 63(1) of the American Convention, The Court considers the
injured party to be the person declared a victim of the violation of any right established
therein. 114 The injured parties in this case are Mr. Fornerón and his daughter who, as
victims of the violations declared in this Judgment, will be considered beneficiaries of the
reparations that the Court orders.
B. Measures of integral reparation: restitution, satisfaction and guarantees
of non-repetition
149. International case law and, in particular, that of the Court, has established
repeatedly that the judgment can constitute per se a form of reparation.115 Nevertheless,
considering the circumstances of the case and the adverse effects on the victims as a result
of the violations of the American Convention declared against them, the Court finds it
pertinent to determine the following measures of reparation.
1. Measure of restitution
1.1 Restitution of ties between Mr. Fornerón and his daughter
150. The Inter-American Commission asked the Court to order the State to adopt, in the
short term, all necessary measures to make integral reparation for the human rights
violations suffered by Mr. Fornerón and his daughter, with the appropriate assistance and
taking into consideration the best interests of the child. In particular, it requested that,
among other measures, Argentina take urgently the necessary steps to create the
conditions to establish the relationship between Mr. Fornerón and his daughter. It indicated
that the most important measure of reparation was that the State guarantee the child and
Mr. Fornerón a relationship in accordance with their actual needs and the best interests of
the child, and that the visiting regime was a first step.
151.
Additionally, the Commission indicated that the State must follow various guidelines
113
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 191, para. 110, and Case of González Medina and family v. Dominican Republic, supra note 10,
para. 278.
114
Cf. Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11,
2007. Series C No. 163, para. 233, and Case of González Medina and family v. Dominican Republic, supra note 10,
para. 281.
115
Cf. Case of El Amparo v. Venezuela. Reparations and costs. Judgment of September 14, 1996. Series C No.
28, para. 35, and Case of González Medina and family v. Dominican Republic, supra note 16, para. 315.
42
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