45
for the breach of the international norm involved, together with the subsequent duty of
reparation and put an end to the consequences of said violation.89
147. The reparation of the damage caused by a violation of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists in the restoring the situation that existed before the violation occurred. When
this is not possible, as in the present case, it is the task of the International tribunal to
order the adoption of a series of measures that, besides guaranteeing respect for the
rights violated, will ensure that the damage resulting from the infractions is repaired,
as well as establish payment of an indemnity as compensation for the harm caused.90
It is necessary to add measures of a positive nature that the State must adopt in order
to ensure that detrimental acts like those of the present case do not occur again.91
The obligation to repair, which is regulated in all its aspects (scope, nature, modalities,
and designation of beneficiaries) by international law, cannot be altered or eluded by
the State’s invocation of its domestic law.92
148. Reparations, as the term indicates, consist in those measures necessary to
make the effects of the committed violations disappear. Their nature and amount
depend on the harm caused at both material and moral levels. Reparations cannot
entail either enrichment or impoverishment of the victim or his or her family.93 In this
sense, reparations established must be coherent with the violations stated in the
previous paragraphs.
149. Based on the evidence recollected during the process and in light of the
aforementioned criteria, the Court will proceed to analyze the submissions presented
by the Commission and the representatives regarding reparations, in order to
determine, first of all, who are the beneficiaries of the reparations, and then determine
the pertinent remedial measures for the reparation of the pecuniary and non-pecuniary
damages, as well as regarding other forms of reparation, and finally, that regarding
costs and expenses.
A) BENEFICIARIES
150. The Court will proceed to summarize the arguments of the Inter-American
Commission and the representatives regarding who should be considered as
beneficiaries of the reparations ordered by the Court.
ARGUMENTS OF THE COMMISSION
89
Cfr. Case of Caesar, supra note 1, para. 121; Case of Huilca Tecse, supra note 88, para. 87; and
Case of the Serrano Cruz Sisters, supra note 2, para. 134.
90
Cfr. Case of Caesar, supra note 1, para. 122; Case of Huilca Tecse, supra note 88, para. 88; and
Case of the Serrano Cruz Sisters, supra note 2, para. 134.
91
Cfr. Case of the Serrano Cruz Sisters, supra note 2, para. 135; Case of Carpio Nicolle and others,
Judgment of November 22, 2004. Series C No. 117, para. 88; and Case of Plan de Sánchez Masacre.
Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of November 19, 2004.
Series C No. 116, para. 54.
92
Cfr. Case of Caesar, supra note 1, para. 122; Case of Huilca Tecse, supra note 88, para. 88; and
Case of the Serrano Cruz Sisters, supra note 2, para. 135.
93
Cfr. Case of Caesar, supra note 1, para. 123; Case of Huilca Tecse, supra note 88, para. 89; and
Case of the Serrano Cruz Sisters, supra note 2, para. 136.