order of November 24, 2000, which entered into force on July 1, 200130, as a broad
concept that includes all those persons linked by a close relationship, including
offspring, parents and siblings, who may be considered family members and have
the right to receive compensation, provided they satisfy the requirements
established by this Court’s jurisprudence31. The fact that the Court presumes that a
person’s death results in non-pecuniary damages for his parents and siblings should
also be recalled32. In the case sub judice, the reparation to the next of kin will be
examined in the corresponding sections, in accordance with all the evidence that the
parties have provided to this Court.
VII
OBLIGATION TO REPAIR
58.
In the third operative paragraph of the judgment on merits of January 26,
2000, the Court decided to open the reparations and costs stage. The Court will
decide the dispute regarding these matters in this judgment.
59.
Article 63(1) of the American Convention is applicable with regard to
reparations. It establishes that:
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.
60.
As the Court has indicated, Article 63(1) of the American Convention codifies
a rule of common law that is one of the fundamental principles of contemporary
international law on State responsibility. Thus, when an unlawful act occurs that can
be attributed to a State, the latter’s international responsibility is immediately
engaged for the violation of an international norm, with the resulting obligation to
make reparation and to ensure that the consequences of the violation cease33.
61.
Reparation of the damage caused by the violation of an international
obligation requires full restitution (restitutio in integrum), whenever possible; this
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
which, while guaranteeing the violated rights, repair the consequences of the
30
In accordance with Article 2 of the Rules of Procedure adopted by the Court in the order of
November 24, 2000, which entered into force on June 1, 2001, the term “next of kin” refers to the
immediate family, that is, the direct ascendants and descendants, siblings, spouses or permanent
companions, or those determined by the Court, if applicable.
31
cf. The “Street Children” case (Villagrán Morales et al.). Reparations, supra note 3, para. 68; The
“White Van” case (Paniagua Morales et al.). Reparations, supra note 4, para. 86; and Loayza Tamayo
case. Reparations (Article 63(1), American Convention on Human Rights). Judgment of November 27,
1998. Series C No. 42, para. 92.
32
cf. Cantoral Benavides case. Reparations, supra note 3, paras. 37 and 61 a) and d); The “Street
Children” case (Villagrán Morales et al.). Reparations, supra note 3, para. 66 and 68; and The “White Van”
case (Paniagua Morales et al.). Reparations, supra note 4, paras. 108, 110, 125, 126, 143, 144 and 158.
33
cf. Cantoral Benavides case. Reparations, supra note 3, para. 40; Cesti Hurtado case.
Reparations, supra note 3, para. 35; and The “Street Children” case (Villagrán Morales et al.).
Reparations, supra note 3, para. 62.