- 93 296. Based on the provisions of Article 63(1) of the American Convention,373 the Court has
indicated that any violation of an international obligation that has caused harm entails the
obligation to make adequate reparation, and that this provisions reflects a customary norm that is
one of the basic principles of contemporary international law on State responsibility.374
297. The reparation of the harm caused by the violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists in the re-establishment of
the previous situation. If this is not feasible, as in most cases of human rights violations, the Court
will determine measures that ensure the rights that have been violated and redress the
consequences of the violations.375 Therefore, the Court has found it necessary to award different
measures of reparation in order to redress the harm integrally, so that in addition to pecuniary
compensation, the measures of restitution and satisfaction, and also guarantees of non-repetition
have special relevance for the harm caused.376
298. This Court has established that reparations must have a causal nexus to the facts of the
case, the violations that have been declared, the harm proved, and the measures requested to
repair this harm. The Court must observe the concurrence of these factors to rule appropriately
and pursuant to law.377
299. Taking into consideration the violations declared in the preceding chapters, the Court will now
examine the claims presented by the Commission and the representative, as well as the arguments
of the State, in light of the criteria established in its case law concerning the nature and scope of
the obligation to make reparation,378 in order to establish measures to redress the harm caused to
the victim.
A. Injured party
300. The Court reiterates that, pursuant to Article 63(1) of the Convention, it considers the injured
party to be anyone declared a victim of the violation of any right recognized therein. Therefore,
this Court considers that Wong Ho Wing is the “injured party” and, in his capacity as victim of the
violations declared in Chapters X and XI, he will be the beneficiary of the following measures
ordered by the Court.
B. Measures of integral reparation: restitution and satisfaction
B.1) Restitution
B.1.a) Extradition process
373
Article 63(1) of the Convention stipulates that: “[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.”
374
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7, para. 25,
and Case of Cruz Sánchez et al. v. Peru, supra, para. 451.
375
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, para. 25, and Case of Cruz Sánchez et al. v.
Peru, supra, para. 452.
376
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No. 88, paras. 79
to 81, and Case of Cruz Sánchez et al. v. Peru, supra, para. 452.
377
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008. Series C No. 191,
para. 110, and Case of Cruz Sánchez et al. v. Peru, supra, para. 453.
378
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case of Cruz Sánchez et
al. v. Peru, supra, para. 454.