carries with it the duty to provide adequate reparations. 165 This provision “reflects a
customary norm that is one of the fundamental principles of contemporary international
law regarding the responsibility of the States.” 166
158. This Tribunal has established that reparations must have a causal link to the
facts of the case, the violations declared, and the damage attributed to those violations,
as well as to the measures requested in reparation of the corresponding damages.
Therefore, the Court must examine that concurrence in order to duly rule in keeping
with the law. 167
159. In consideration of the violations of the American Convention, the Convention on
Forced Disappearance, and the Convention Against Torture declared in the prior
chapters, the Tribunal will proceed to examine the requests presented by the
Commission and the representatives, as well as the arguments of the State. It will do
so according to the standards set in the Court’s jurisprudence with regard to the nature
and scope of the obligation to provide reparations, 168 with the purpose of stipulating
measures aimed at providing reparations for the damages caused to the victims.
A.
Injured Party.
160. The Tribunal reiterates that under Article 63(1) of the American Convention,
those who have been declared victims of a violation of a right enshrined in the
Convention are considered injured parties. The victims in this case are Iván Eladio
Torres Millacura, María Leontina Millacura Llaipén, Fabiola Valeria Torres, and Marcos
Alejandro Torres Millacura, and thus, they will be considered the beneficiaries of the
reparations that this Court orders.
B.
Obligation to investigate the facts and determine the whereabouts of
Iván Eladio Torres Millacura.
B.1.
Arguments of the parties.
161. The Commission asked the Court to order the State to "carry out a full, impartial,
effective, and prompt investigation of the facts, with the purpose of identifying all the
masterminds and perpetrators who participated in the facts related to the arbitrary
detention, torture, and enforced disappearance of Iván Eladio Torres Millacura,
establishing their responsibility, and punishing them.” Likewise, it requested that the
Court order the State "to fully, impartially, and effectively investigate the fate or
whereabouts of Iván Eladio Torres Millacura," and that "in the event it is established that
the victim is no longer alive, [that the State be ordered] to take the necessary measures
to turn over his remains to [his] family members."
165
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25; Case of Chocrón Chocrón V. Venezuela, supra note 24, para. 143, and Case of Mejía
Idrovo V. Ecuador, supra note 17, para. 126.
166
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 62; Case of Chocrón Chocrón V. Venezuela, supra note 24,
para. 143, and Case of Mejía Idrovo V. Ecuador, supra note 17, para. 126.
167
Cf. Case of Ticona Estrada et al. V. Bolivia, supra note 69, para 110; Case of Chocrón Chocrón V.
Venezuela, supra note 24, para. 146, and Case of Mejía Idrovo V. Ecuador, supra note 17, para. 129.
168
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs, supra note 165, paras. 25 to 27;
Case of Chocrón Chocrón V. Venezuela, supra note 24, para. 144, and Case of Mejía Idrovo V. Ecuador, supra
note 17, para. 127.
48
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