protection also constituted a violation of his job stability, as part of the right to work of which
he was the holder.
136. In accordance with the above, the State is responsible for the violation of the right to
work, recognized in Article 26 of the Convention, in relation to Article 1(1) of the same
international instrument, to the detriment of Mr. Mina Cuero.
IX
REPARATIONS
137. Based on Article 63(1) of the American Convention, the Court has determined that all
violations of an international obligation that has produced damage leads to the duty to make
adequate reparations, and this provision also includes a customary law that constitutes one
of the fundamental principles of contemporary International Law related to State
responsibility.115
138. Reparations for damage caused by violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists of reestablishing
the previously existing circumstances. If this is not possible, the court must determine
measures to guarantee the infringed rights and repair the consequences of the infractions
caused.116 Therefore, the Court has considered the need to provide different types of
reparation so as to fully redress the damages, therefore in addition to pecuniary measures,
other measures such as satisfaction, restitution, rehabilitation, and guarantees of nonrepetition have special relevance due to the damage caused.117 Similarly, this Court has
determined that reparations must have a causal link to the facts of the case, the violation
determined, the injuries found, and the measures requested to redress the respective
damage. 118
139. Consequently, based on the violations determined in this Judgment, the Court will
proceed to analyze the claims presented by the Commission and the representative, as well
as the State's arguments.
A. Injured party
140. This Court finds, in accordance with Article 63(1) of the American Convention, that any
person declared a victim of the violation of any right in this Judgment is an injured party.
Therefore, the Court considers Victor Henrry Mina Cuero to be the injured party.
B. Measures of restitution
141. The Commission requested the "[r]einstatement" of Mr. Mina Cuero, "in the event that
he so desires, in a position similar to the one he held in the Police, with the same
remuneration, social benefits, and equivalent rank that he would currently be entitled to if he
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of Deras García et al. v. Honduras, , supra, para. 90.
116
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, para. 65, and Case of Deras García
et al. v. Honduras, supra, para. 91.
117
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala. Preliminary objection, Merits, Reparations, and Costs.
Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Deras García et al. v. Honduras, supra,
para. 91.
118
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala. Preliminary objection, Merits, Reparations, and Costs.
Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Deras García et al. v. Honduras, supra,
para. 91.
115