63
Mejía Ramírez, Carmelina Mejía Ramírez, Gregoria Herminia Contreras, Serapio Cristian
Contreras, Julia Inés Contreras and José Rubén Rivera Rivera, without any of the
perpetrators or masterminds behind the disappearances having been identified and brought
to trial, and without the truth of the facts being known. Only the whereabouts of Gregoria
Herminia Contreras have been determined owing to the actions of a non-State body. Thus a
situation of total impunity prevails. From the moment the investigations were launched, the
lack of diligence, exhaustiveness and seriousness has been evident. In particular, the failure
to comply with the duty to open an investigation ex officio, the absence of clear and logical
lines of investigation that would have taken into account the context of the facts and their
complexity, the long periods of procedural inactivity, the refusal to provide information on
the military operations, and the lack of diligence and exhaustiveness in the investigations by
the authorities in charge of them, permit the Court to conclude that all the domestic
proceedings have not constituted effective remedies to determine the fate or to discover the
whereabouts of the victims, or to guarantee the rights of access to justice and to know the
truth, through the investigation and eventual punishment of those responsible, and full
reparation of the consequences of the violations.
177. For the said reasons, the Court concludes that the State violated the rights
recognized in Articles 7(6), 8(1) and 25(1) of the American Convention, in relation to Article
1(1) of the Convention, to the detriment of Ana Julia Mejía Ramírez, Carmelina Mejía
Ramírez, Gregoria Herminia Contreras, Serapio Cristian Contreras, Julia Inés Contreras, and
José Rubén Rivera Rivera, and their next of kin.
IX
REPARATIONS
(Application of Article 63(1) of the American Convention)
178. Based on the provisions of Article 63(1) of the American Convention,277 the Court has
established that any violation of an international obligation which has caused harm entails
the obligation to provide adequate reparation.278
179. This Court has established that reparations must have a causal connection to the
facts of the case, the violations declared and the damage proved, and the measures
requested to repair the corresponding harm. Therefore, the Court must verify the
concurrence of these elements in order to rule in keeping with law.279
180. Considering the violations of the American Convention declared in the preceding
chapters, the Court will proceed to examine the claims submitted by the Commission and
the representative, as well as the arguments of the State, in light of the criteria established
in the Court’s case law with regard to the nature and scope of the obligation to provide
277
Article 63(1) stipulates that, “[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 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.”
278
Cf. Case of Velásquez Rodríguez v. Honduras. reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25; Case of Mejía Idrovo, supra note 19, para. 126, and Case of Chocrón Chocrón, supra note 19,
para. 143.
279
Cf. Case of Ticona Estrada et al., supra note 196, para. 110; Case of Mejía Idrovo, supra note 19, para.
129, and Case of Chocrón Chocrón, supra note 19, para. 146.
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