89
141. Article 63(1) of the American Convention reflects a customary norm that
constitutes one of the basic principles of contemporary international law on State
responsibility. Thus, when an unlawful act occurs that can be attributed to a State,
this gives rise immediately to its international responsibility, with the consequent
obligation to cause the consequences of the violation to cease and to repair the
damage caused.89 The responsible State may not invoke provisions of domestic law
to modify or fail to comply with its obligation to provide reparation, which is
regulated by international law.90
142. 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, 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 it must establish the payment of compensation for the damage
caused.91 It is also necessary to add the measures of a positive nature that the State
must adopt to ensure the non-repetition of harmful acts such as those that occurred
in this case.92
143. Reparations consist of measures tending to eliminate the effects of the
violations that have been committed. Their nature and amount depend on both the
pecuniary and non-pecuniary damage that as been caused. Reparations should not
make the victims or their successors either richer or poorer and they should be
proportionate to the violations declared in the judgment.93
144. In light of these criteria and the circumstances of the instant case, the Court
will proceed to examine the claims submitted by the Commission and by the
representatives regarding reparations, so as to order measures designed to repair
the damage in this case.
A)
BENEFICIARIES
145. The Court will proceed to determine who should be considered an “injured
party” in the terms of Article 63(1) of the American Convention and, consequently,
merit the reparations established by the Court. In the first place, the Court finds that
Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, and Rodolfo and Benjamín
Ramírez Villalba, are the “injured party,” as victims of the violations established
89
Cf.. Case of Ximenes Lopes, supra note 8, para. 209; Case of the Ituango Massacres, supra note
1, para. 346, and Case of Baldeón García, supra note 6, para. 175.
90
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 117; Case
of Ximenes Lopes, supra note 8, para. 209, and Case of the Ituango Massacres, supra note 1, para. 347.
91
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 117; Case
of Ximenes Lopes, supra note 8, para. 209, and Case of the Ituango Massacres, supra note 1, para. 347.
92
Cf. Case of Baldeón García, supra note 6, para. 176; Case of López Álvarez, supra note 6, para.
182; Blanco Romero et al. case. Judgment of November 28, 2005. Series C No. 138, para. 69; and Case
of García Asto and Ramírez Rojas, supra note 69, para. 248.
93
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 118; Case
of Ximenes Lopes, supra note 8, para. 210, and Case of the Ituango Massacres, supra note 1, para. 348.
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