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adequate reparation and that this provision reflects a customary norm that constitutes
one of the fundamental principles of contemporary international law of State
responsibility.204
144. Reparation for the damage caused by the infringement of an international obligation
requires, to the extent possible, full restitution (restitutio in integrum), which consists in
the restoration of the prior situation. If this is not possible, as occurs in most cases of
human rights violations, the Court will determine the measures to guarantee the infringed
rights and to repair the consequences of the violation.205 Reparations must have a causal
link with the facts of the case, the violations declared, the proven harm, as well as the
measures requested to repair the resulting harm.206
145. In view of the declared violations of the Convention and in light of the criteria
established in the Court’s case law with respect to the nature and scope of the obligation
to repair,207 the Court will analyze the claims and arguments of the Commission and of
the parties. Although the judgment, per se, is a form of reparation,208 the Court shall
establish other measures in view of the harm caused to the victims.
146. Before entering into the pertinent details, the Court notes that the State reported
that it has a National Program of Indemnification (hereinafter also “PNR”), created by
Decree 258-2003. The State indicated that main objective of the PNR is to individually
and/or collectively indemnify the victims of human rights violations resulting from the
internal armed conflict. Guatemala, in its final written arguments, requested that the
Court consider the benefits of the economic and housing compensation granted by the
State to the Community, for which it attached a PNR document that provides a list of
those persons who received some kind of benefit. The representative denied that the
victims had received reparations from the PNR due to the massacre. The Court welcomes
the actions undertaken by the PNR to repair the human rights violations caused by the
internal armed conflict.209 Nevertheless, it notes that the State’s request is untimely and
cannot be considered210 and reminds that the Court’s role is to ensure that the
consequences of the human rights violations declared in this judgment are repaired. 211 It
will, therefore, proceed to determine the appropriate reparations.
of his right or freedom that was violated. The Court 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.
204
Cf. Case of Velázquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7, para. 25 and Case of Amrhein et al. v. Costa Rica, supra, para. 466.
205
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 25 and 26 and Case of
Amrhein et al. v. Costa Rica, supra, para. 467. The Court, depending on the case, has deemed that measures
of restitution, rehabilitation, satisfaction and guarantees of non-recurrence have a special relevance for the
harm caused (cf. Case of Cantoral Benavidez v. Peru. Reparations and Costs. Judgment of December 3, 2001.
Series C No. 88, paras. 79 to 81 and Case of Amrhein et al. v. Costa Rica, supra, para. 467).
206
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 110 and Case of Amrhein et al. v. Costa Rica, supra, para. 468.
207
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 25 to 27 and Case of
Amrhein et al. v. Costa Rica, supra, para. 469.
208
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C
No. 29, para. 56 and Case of Amrhein et al. v. Costa Rica, supra, para. 474.
209
Case of the Members of the Village of Chichupac and neighboring communities of the Municipality of Rabinal
v. Guatemala, supra, para. 279.
210
The State’s request that the benefits already given through the PNR be considered is untimely for having
been included in the final written arguments. Moreover, it should be mentioned that the document presented
as proof of the benefits received by the members of the Community does not provide sufficient information to
consider them as reparations for the case.
211
Case of the Members of the Village of Chichupac and neighboring communities of the Municipality of Rabinal
v. Guatemala, supra, para. 281.