(complementarily), so that both the domestic and the international decision criteria and the
protection and reparation mechanisms can be established and harmonized. 111 As a result, in
application of the principle of complementarity (or subsidiarity), the Court has held that, under
the Convention, state responsibility can only be required at the international level after the
State has had the opportunity to recognize, as appropriate, a violation of a right and to redress
the harm caused by its own means. 112 Thus, when the State ceases to violate human rights
and makes reparation to the victims for the violations, it does not behoove the Court to declare
international responsibility for the violations in question.
83.
In relation to the above, the Court notes that, on June 1, 2020, the National Population
and Immigration Department “in view of the conclusions presented by the Inter-American
Commission on Human Rights” deemed it appropriate to revoke Resolution 1088 of May 11,
1992. The Court holds that this decision effectively ended the State’s non-compliance with
the obligations contained in Articles 22(5), 22(6), 7, 8(1), 8(2)(b), (c), (d) and (h), and 19
of the American Convention. Likewise, the Court recalls that, as previously indicated (supra,
para. 81), although the content of Resolution 1088 ran contrary to the Convention, it never
materially affected the rights of the alleged victims. Therefore, given the lack of evidence of
specific violations of the rights of the alleged victims, the Court holds that the revocation of
Resolution 1088 constituted an adequate reparation in relation to the violations of the
American Convention that occurred when it was issued.
84.
Consequently, this Court concludes, as it has done in other cases, 113 and considering
the circumstances of this case, that since the violations ceased, and reparation was made, in
application of the principle of complementarity, the State is not internationally responsible for
violating the rights contained in Articles 22(5), 7, 8(1), 8(2), 8(2)(b), (c), (d) and (h), and 9
of the American Convention, in relation to Article 1(1) thereof, to the detriment of Ms. Habbal,
nor for violating the rights contained in Articles 22(6), 7, 8(1), 8(2)(b), (c), (d) and (h), and
19 of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment
of Monnawar Al Kassar, Hifaa Al Kassar and Natasha Al Kassar, nor for violating Articles 19
and 8(1) of the American Convention, to the detriment of Mohamed Al Kassar.
85.
With respect to the representatives’ argument regarding the alleged violation of the
right to equality before the law contained in Article 24 of the Convention, read in conjunction
with Article 1(1) thereof, the Court notes that the legal consequences of the immigration
authorities’ failure to consider the special situation of vulnerability in which the alleged victims
found themselves in the immigration proceedings have already been addressed in the analysis
in relation to Articles 22, 19, 8, and 7 of the Convention. Therefore, it does not deem it
necessary to carry out a specific analysis in the light of Article 24 of the Convention.
111
Cf. Case of the Santo Domingo Massacre v. Colombia. Preliminary objections, merits and reparations.
Judgment of November 30, 2012. Series C No. 259, para. 143, and Case of Martínez Esquivia v. Colombia. Preliminary
objections, merits and reparations. Judgment of October 6, 2020. Series C No. 412, para. 167.
Cf. Case of the Santo Domingo Massacre v. Colombia, supra, para. 143, and Case of Urrutia Laubreaux v.
Chile. Preliminary objections, merits, reparations and costs. Judgment of August 27, 2020. Series C No. 409, para.
90.
112
Cf. Case of Tarazona Arrieta et al. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
October 15, 2014. Series C No. 286, para. 140, and Case of Andrade Salmón v. Bolivia. Merits, reparations and costs.
Judgment of December 1, 2016. Series C No. 330, para. 102.
113
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