33
Bulacio, and for violation of the same Articles 8 and 25 to the detriment of the next
of kin of youth Walter David Bulacio, all of them in connection with Article 1(1) and 2
of the American Convention (supra 38). This Court has reiterated, in its case law,
that it is a principle of International Law that any violation of an international
obligation that has caused damage involves a new obligation: to adequately redress
the damage caused.47 To this end, the Court has based itself on Article 63(1) of the
American Convention, 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 (not
underlined in the original text).
71.
As this Court has stated before, Article 63(1) of the American Convention
reflects a customary rule that is one of the fundamental principles of contemporary
international law regarding the responsibility of States. When an illicit act
attributable to a State takes place, it incurs an international responsibility for
violation of the international rule, with the consequent duty of redressing and putting
an end to the consequences of the violation.48
72.
Reparation of the damage caused by breaching an international obligation
requires, whenever feasible, full restitution (restitutio in integrum), which involves
reestablishment of the situation before the violation. If this is not possible, as in the
instant case, this international Court must order adoption of measures that, in
addition to ensuring respect for the rights abridged, will remedy the consequences
caused by the infractions, and for compensation to be paid for damage caused.49
The obligation to redress, which is regulated in all its aspects (scope, nature, modes
47
Cf., Juan Humberto Sánchez Case, supra note 4, para. 147; “Five Pensioners” Case, supra note 4,
para. 173; Cantos Case, supra note 6, para. 66; El Caracazo Case, Reparations, supra note 5, para. 76;
Hilaire, Constantine and Benjamin et al. Case, supra note 5, para. 202; Trujillo Oroza Case, Reparations,
supra note 30, para. 60; Bámaca Velásquez Case, Reparations, supra note 30, para. 38; Cantoral
Benavides Case, Reparations, supra note 30, para. 40; Mayagna (Sumo) Awas Tingni Community Case,
supra note 4, para. 163; Cesti Hurtado Case. Reparations, supra note 30, para. 32; “Street Children” Case
(Villagrán Morales at al.). Reparations, supra note 30, para. 59; “White Van” Case (Paniagua Morales et
al.). Reparations, supra note 30, para. 78; Ivcher Bronstein Case, supra note 30, para. 177; Baena
Ricardo et al. Case, supra note 28, para. 201; Case of the Constitutional Court, supra note 30, para. 118;
Suárez Rosero Case. Reparations (Art. 63(1) American Convention on Human Rights). January 20, 1999
Judgment. Series C No. 44, para. 40; Castillo Páez Case. Reparations, supra note 26, para. 50; Loayza
Tamayo Case. Reparations (Art. 63.1 American Convention on Human Rights), November 27, 1998
Judgment. Series C No. 42, para. 84; Garrido and Baigorria Case. Reparations (Art. 63(1) American
Convention on Human Rights). August 27, 1998 Judgment. Series C No. 39, para. 40; Caballero Delgado
and Santana Case. Reparations (Art. 63(1) American Convention on Human Rights). January 29, 1997
Judgment. Series C No. 31, para. 15; Neira Alegría et al. Case. Reparations (Art. 63(1) American
Convention on Human Rights). September 19, 1996 Judgment. Series C No. 29, para. 36; and El Amparo
Case. Reparations (Art. 63(1) American Convention on Human Rights). September 14, 1996 Judgment.
Series C No. 28, para. 14.
48
Cf., Juan Humberto Sánchez Case, supra note 4, para. 148; “Five Pensioners” Case, supra note 4,
para. 174; and Cantos Case, supra note 6, para. 67.
49
Cf., Juan Humberto Sánchez Case, supra note 4, para. 149; Las Palmeras Case, Reparations,
supra note 5, para. 38; and El Caracazo Case, Reparations, supra note 5, para. 77.
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