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If 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.
227. This article reflects a customary norm that constitutes one of the basic
principles of contemporary international law on State responsibility. Thus, when an
unlawful act occurs, which 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.248
228. 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, as in
the instant case, 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, inter alia, compensation is
established for the damage caused.249 The responsible State may not invoke
provisions of domestic law to modify or fail to comply with its obligation to provide
reparation, all aspects of which (scope, nature, methods and determination of the
beneficiaries) is regulated by international law.250
229. 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.251
230. 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 the
representatives regarding the reparations, so as to order measures designed to
repair the damage in this case.
A)
BENEFICIARIES
Arguments of the Commission and the representatives
231. The 43 victims (supra para. 95(35)) mentioned by the Commission in its
application and also their next of kin are the beneficiaries.
248
Cf. Case of Blanco Romero et al., supra note 10, para. 68; Case of García Asto and Ramírez Rojas
supra note 10, para. 247, and Case of Gómez Palomino, supra note 10, para. 112.
249
Cf. Case of Blanco Romero et al., supra note 10, para. 69; Case of García Asto and Ramírez
Rojas, supra note 10, para. 248, and Case of Gómez Palomino, supra note 10, para. 113.
250
Cf. Case of Blanco Romero et al., supra note 10, para. 69; Case of García Asto and Ramírez
Rojas, supra note 10, para. 248, and Case of Gómez Palomino, supra note 10, para. 113.
251
Cf. Case of Blanco Romero et al., supra note 10, para. 70; Case of Gómez Palomino, supra note
10, para. 114, and Case of Palamara Iribarne, supra note 11, para. 235.
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