257. Based on the State’s partial acknowledgment of responsibility and the findings
concerning this acknowledgment, as well as those on the merits and the violations of the
American Convention declared in the preceding chapters, the Court will proceed to analyze
the claims submitted by the Commission and the representative, as well as the State’s
arguments, in light of the criteria established in the Court’s case law on the nature and
scope of the obligation to repair,248 in order to determine measures aimed at repairing the
harm caused to the victims.
A)
Injured Party
258. The Court reiterates that, in the terms of Article 63(1) of the Convention, the injured
party is considered to be those who have been declared victims of the violation of any right
recognized therein. Therefore, this Court considers Luis Gonzalo Vélez Restrepo, his wife,
Aracelly Román Amariles, and their children Mateo and Juliana Vélez Román, the “injured
party” and, in their capacity as victims of the violations declared in chapters IX, X and XI,
they will be considered beneficiaries of the reparations ordered by the Court.
B)
Measures of integral reparation: restitution, rehabilitation
satisfaction, guarantee of non-repetition, and obligation to investigate
and
259. The Court will determine other measures that seek to repair the non-pecuniary
damage and will order measures of a public scope or repercussion. 249 International case
law, and particularly that of the Court, has repeatedly established that the judgment
constitutes per se a form of reparation.250 Nevertheless, considering the circumstances of
the case sub judice, and based on the harm to Mr. Vélez Restrepo, Mrs. Román Amariles,
and their children Mateo and Juliana Vélez Román, as well as the consequences of a nonpecuniary nature arising from the violations to the Convention declared to their detriment,
the Court finds it pertinent to establish measures of restitution, rehabilitation, and
satisfaction, as well as guarantees of non-repetition.
B.1) Restitution: guarantee the conditions for the return of the Vélez
Román family to Colombia
260. The Commission asked the Court to order the State “to adopt the necessary
measures to protect and safeguard the safety of the Vélez Román family should they decide
to return to Colombia on either a temporary or permanent basis.”
261. In this regard, the State argued that it had not failed to comply with the said
recommendation made by the Commission in its Merits Report, since it has expressed “[i]ts
absolute commitment to provide Luis Gonzalo Vélez and his family with the necessary safety
measures should they consider returning to Colombia.” Colombia underscored that this
measure is subject to the Vélez Román family “expressing its interest in returning to the
country” and that, once they do so, “the State will activate the relevant mechanisms
established in [its] laws.” Hence, Colombia asked that “compliance with this
248
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, paras. 25 and 26, and Case of the
Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations, para. 283.
249
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. 84, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador.
Merits and reparations, para. 285.
250
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations, para.
285.
75