44
142. The alleged violation of Article 5 of the Convention was argued by the
representatives but not by the Inter-American Commission. As per that established by
this Tribunal, the representatives may claim violations of rights different to those
already included in the application presented by the Commission. All the rights
enshrined in the American Convention are vested in them, and to not permit this would
be a wrongful restriction to their condition of subjects of the International Human
Rights Law. It is understood that the above, regarding other rights, complies with the
rights already included in the application.87
143. The arbitrary arrest and the repeated non-recognition of Mr. Acosta Calderón’s
right to a due process constitutes a situation in which the psychic and moral integrity
could have been affected. However, in the present case, the Court does not have
enough elements to issue a ruling on the violation of Article 5 of the Convention.
XIII
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION
OBLIGATION TO REPAIR
144. In accordance with the analysis set forth in previous chapters, the Court
declared, based on the facts of this case, that the State violated Articles 7 (Right to
Personal Liberty), 8 (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the
American Convention, all of them in conjunction with Article 1(1) of the same
instrument, and it did not comply with the obligation to adopt rules of domestic
legislation pursuant to Article 2 of the American Convention in detriment of Mr. Acosta
Calderón in the terms of paragraphs 70, 71, 81 through 84, 99, 100, 107, 108, 114,
115, 119, 120, 124 through 126, 135, and 138 of this Judgment.
145. This Court has held, on a number of occasions, that it is a principle of
International Law that any violation of an international obligation resulting in harm
carries with it an obligation to repair it adequately.88 To these effects, the Court has
used Article 63(1) of the American Convention as a basis, according to which,
[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.
Therefore, the Tribunal goes on to consider the measures necessary to repair the
damages caused to Mr. Acosta Calderón for the mentioned violations of the
Convention.
146. As has been indicated by the Court, Article 63(1) of the American Convention
constitutes a rule of customary law that enshrines one of the fundamental principles on
contemporary international law on state responsibility. Thus, when an illicit act is
imputed to the State, there immediately arises a responsibility on the part of the state
87
Cfr. Case of the “Mapiripán Massacre”, supra note 66, para. 28; Case of “Children’s Rehabilitation”,
supra note 59, para. 125; and Case of the Gómez Paquiyauri Brothers, supra note 57, para. 179.
88
Cfr. Case of Caesar, supra note 1, para. 120; Case of Huilca Tecse. Judgment of March 3, 2005.
Series C No. 121, para 86; and Case of the Serrano Cruz Sisters, supra note 2, para. 133.