59
177.
Arguments of the State:
The transfer was a security measure since Mr. Alfredo López Álvarez and other
inmate leaders of CODIN allegedly maintained disputes with other detainees in
the Criminal Center of Tela.
Considerations of the Court
178. Even though the representatives may claim rights not presented by the
Commission in its application (supra para. 82), the Court considers that the facts
argued as violations of Article 16 of the Convention do not correspond to the
suppositions established in this precept.
XIII
REPARATIONS
APPLICATION OF ARTICLE 63(1)
Obligation to Repair
179. It is a principle of International Law that all violation of an international
obligation that has produced damage involves the duty to adequately repair it.119 In
this sense, the Court has based its decisions on Article 63(1) of the American
Convention, according to which:
[i]f the Court finds that there has been a violation of a right or freedom protected by this
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.
180. Article 63(1) of the American Convention constitutes a rule of customary law
that enshrines one of the fundamental principles in contemporary international law on
state responsibility. Thus, when an illicit act is imputed to the State, its international
responsibility arises, together with the subsequent duty of reparation and to put an
end to the consequences of said violation.120 The obligation to repair is regulated by
International Law and may not be modified or not complied with by the State invoking
for said purpose stipulations of its domestic law.121
181. Reparations consist in those measures necessary to make the effects of the
committed violations disappear. Their nature and amount depend on the
characteristics of the violation and of the harm caused at both material and moral
levels. Reparations cannot entail either enrichment or impoverishment of the victim or
119
Cf. Case of Blanco-Romero et al., supra note 7, para. 67; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 246, and Case of Gómez-Palomino, supra note 7, para. 112.
120
Cf. Case of Blanco-Romero et al., supra note 7, para. 68; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 247, and Case of Palamara-Iribarne, supra note 15, para. 234.
121
Cf. Case of Blanco-Romero et al., supra note 7, para. 98; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 248, and Case of Gómez-Palomino, supra note 7, para. 113.
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